Immigration and Refugee Board of Canada

					Immigration and
Refugee Board of Canada




Performance Report
For the period ending
March 31, 2008

__________________________
Jason Kenney
Minister of Citizenship, Immigration
and Multiculturalism
                            Table of Contents

SECTION 1:   OVERVIEW                                                         1
             Chairperson’s Message                                            3
             Management Representation Statement                              7
             Summary Information                                              8
             Summary Table                                                   12
             Performance Summary                                             14



SECTION 2:   ANALYSIS OF PROGRAM ACTIVITIES                                  21
             BY STRATEGIC OUTCOME
             Common Elements                                                 23
             Distinct Program Activity Elements                              25
             Refugee Protection Program Activity                             26
             Admissibility Hearings and Detention Reviews Program Activity   32
             Immigration Appeal Program Activity                             39



SECTION 3:   SUPPLEMENTARY INFORMATION                                       47
             Links to Government of Canada Outcomes                          49
             Comparison of Planned to Actual Spending                        50
             Voted and Statutory Items                                       50
             Integrated Case Management System (ICMS) Project                51
             Travel Policies                                                 51
             Financial Statements                                            52
             List of Electronic Tables                                       65



SECTION 4:   OTHER ITEMS OF INTEREST                                         67
             Corporate Management and Services Program Activity              69
             Organizational Information                                      74
             IAD Innovation                                                  75
             Integration of Adjudicative Support                             76
             Information and Contacts                                        78
SECTION 1


Overview
CHAIRPERSON’S MESSAGE




I am pleased to present the 2007-2008 Performance Report for the Immigration and Refugee
Board of Canada (IRB). This report is a comprehensive review of the IRB's performance
and accomplishments as set against the stated plans and priorities for 2007-2008.

The IRB is an independent administrative tribunal with unique and important
responsibilities within Canada’s immigration, refugee determination and administrative
justice systems. The IRB deals with cases ranging from admissibility hearings and
immigration appeals to refugee status determinations and detention reviews. Through its
work on behalf of Canadians, the IRB contributes directly to Canada’s humanitarian
traditions and the security of the Canadian public.

The Board underwent considerable transition over the past year. In addition to turnover in
senior management and decision-maker ranks, the caseload in all three divisions, namely
the Refugee Protection Division (RPD), the Immigration Appeal Division (IAD) and the
Immigration Division (ID), has continued to increase. Combined with a continuing
shortfall in the complement of Governor-in-Council (GIC) decision-makers in the RPD
and IAD, this has resulted in a growing pending inventory and average case processing
time for both divisions.



Revised selection process for GIC decision-makers
The IRB worked with other Government of Canada officials during the reporting period
to establish a revised selection process for GIC decision-makers. The new process builds
on the merit-based system already in place, enhancing transparency and ensuring that
only candidates meeting the Board’s rigorous selection criteria are recommended for
appointment. During the period covered by this report, the Selection Advisory Board
reviewed the applications of hundreds of candidates seeking appointment and identified
qualified candidates for consideration by the Minister of Citizenship and Immigration.


                                                                    SECTION 1: OVERVIEW      3
    Building a stronger, more flexible organization
    In line with a commitment made in the 2007-2008 Report on Plans and Priorities, the
    IRB launched a review of its governance framework, with the aim of optimizing its
    organizational design and clarifying accountabilities among its senior management
    positions. Recommendations arising from the review will be prioritized and acted on in
    the 2008-2009 reporting period.

    The Board also took steps throughout the year to strengthen its operational and leadership
    capacity, its diversity and its flexibility. To promote ethical behaviour by decision-
    makers, the IRB updated its code of conduct for decision-makers following an extensive
    consultation process. The new code, which for the first time in the Board’s history applies
    to both GIC and public service decision-makers, was implemented in early 2008-2009.

    The IRB launched a review of its core management controls in alignment with the
    Government of Canada's approach to management accountability. In addition, the first
    element in a multi-year employment equity strategy was rolled out, involving the establishment
    of a mentoring program for employees who are members of designated groups.



    Transforming the way we work
    The IRB achieved concrete gains during the reporting period through the continued
    pursuit of tribunal integration and internal process improvements. Steps forward in 2007-
    2008 included the implementation of a new adjudicative support structure for the three
    divisions. This has resulted in public service employees playing an expanded role in
    streaming and hearing readiness efforts and in case resolution, allowing decision-makers
    to devote more time to their unique adjudicative functions. By adopting innovative case
    management and adjudicative strategies, as well as through the dedication, flexibility and
    hard work of our decision-makers and staff, we have improved productivity across the
    divisions, without compromising fairness.



    Delivering results for Canadians
    The Board experienced an increased workload across its three divisions in 2007-2008.
    Growth was particularly strong in the RPD, where the number of finalizations was lower
    than anticipated during the reporting period as a consequence of the lower than expected
    decision-maker complement. Meanwhile, projections were exceeded in both the ID and
    IAD, with the IAD in particular finalizing the highest number of appeals in the Board’s
    history. As in previous years, the proportion of IRB decisions set aside by the Federal
    Court remained very low: less than one percent of decisions were sent back to the Board
    to be reheard.


4    IRB                                       2007-2008 PERFORMANCE REPORT
The challenges ahead
With the support of the Minister and the Government, the pace of appointments and
reappointments of GIC decision-makers has quickened, although the Board was still short
58 decision-makers at the end of March 2008. Significant resources will be required to
address the accumulated backlog of cases. However, the commitment of the IRB’s
personnel and the efficiency of its operations will help to ensure our success in doing so.
At the same time, we will continue to pursue key initiatives in a number of areas,
including our transformation agenda, allowing us to achieve even better results for
Canadians in 2008-2009.




___________________________________
Brian Goodman
Chairperson




                                                                     SECTION 1: OVERVIEW      5
6   IRB   2007-2008 PERFORMANCE REPORT
MANAGEMENT REPRESENTATION
STATEMENT

I submit for tabling in Parliament the 2007-2008
Performance Report for the Immigration and Refugee
Board of Canada.

This document has been prepared based on the reporting
principles contained in the Guide for the Preparation of
Part III of the 2007-2008 Estimates: Reports on Plans
and Priorities and Departmental Performance Reports:
    It adheres to the specific reporting requirements
    outlined in the Treasury Board Secretariat guidance;
    It is based on the IRB’s Strategic Outcome and
    Program Activity Architecture that were approved
    by the Treasury Board;
    It presents consistent, comprehensive, balanced and
    reliable information;
    It provides a basis of accountability for the results
    achieved with the resources and authorities entrusted
    to it; and
    It reports finances based on approved numbers from
    the Estimates and the Public Accounts of Canada.




    ___________________________________
                    Brian Goodman
                      Chairperson




                                                   SECTION 1: OVERVIEW   7
    SUMMARY INFORMATION
    Reason for existence

    WHO WE ARE
    The Immigration and Refugee Board of Canada (IRB) is an independent administrative
    tribunal that reports to the Parliament of Canada through the Minister of Citizenship and
    Immigration Canada (CIC).


    As an organization responsible for applying administrative justice, the IRB adheres to the
    principles of natural justice, and its decisions are rendered in accordance with the law,
    including the Canadian Charter of Rights and Freedoms. This mandate is reflected in our
    mission, vision and values, which help shape our corporate priorities and identify the
    qualities we strive to embody. It also guides our day-to-day decisions and ensures that
    everyone and their work at the IRB are aligned with our mission and our vision for the
    future.

    Table 1.1: The IRB’s Mission, Vision and Values
                                                       MISSION

     The Immigration and Refugee Board of Canada is an independent tribunal established by the Parliament of
    Canada. Our mission, on behalf of Canadians, is to make well-reasoned decisions on immigration and refugee
                             matters, efficiently, fairly and in accordance with the law

                           VISION                                                 VALUES

    We will excel in everything we do and will deal simply,      Excellence in delivery
    quickly and fairly with everyone. Through innovation
    and flexibility, we will be a leading-edge                   Valuing people
    administrative tribunal and a creative partner in
    building the future of the Canadian immigration              Open, honest, timely communication
    system                                                       Relevant, responsive and accountable
                                                                 management
                                                                 Working together effectively



    As Canada’s largest federal tribunal, the IRB consists of three divisions, each with its
    own mandate under the Immigration and Refugee Protection Act (IRPA):

             Refugee Protection Division (RPD)
             Immigration Division (ID)
             Immigration Appeal Division (IAD)




8    IRB                                                2007-2008 PERFORMANCE REPORT
The IRB employs approximately 928 people in its national headquarters office and
regional offices. Through each division, the IRB delivers a simpler and faster form of
justice than that provided by the courts, but with no less attentiveness to the rigour of the
law. The IRB is a human rights tribunal, and the men and women who work at the Board
respect the human dignity of all those who come before it.

The IRB is fully committed to applying fairness to all aspects of its work, which in turn
means being just, lawful, honest, open and acting without bias. This includes recognizing
that some individuals who appear before our Board have experienced very difficult
circumstances, and respecting the diversity of cultures of individuals who appear before
the IRB. Most importantly, it means recognizing that the determination of each case
directly and profoundly affects people’s lives.


BENEFITS TO CANADIANS
Immigrants and refugees have always made significant contributions to Canada’s growth
and development. In the delivery of its mandate, the IRB benefits Canadians in three
important ways:

        Its hearings on refugee claims ensure that Canada accepts those in need of
        protection in accordance with international obligations;
        Its hearings on admissibility and detention reviews help ensure the security of
        Canadians; and
        Its independent mechanism for resolving sponsorship, removal order and
        permanent residence status appeals ensures fairness of process for appellants and
        their families.

Through the decisions it makes, the IRB also contributes more broadly to the quality of
life of Canada’s communities by strengthening our country’s social fabric, and by
reflecting and reinforcing core values that are important to Canadians. These include
respect for

        Human rights
        Equality
        Fairness
        Peace
        Rule of law




                                                                      SECTION 1: OVERVIEW       9
     WHAT WE DO
     Based on the Program Activity Architecture (PAA), the work of the IRB and its divisions
     is conducted through four program activities; the first three are responsible for all the
     tribunal decisions made at the Board.

     Table 1.2: The IRB Division Mandates

                                  Refugee Protection Division (RPD) Program Activity

            Renders quality decisions in a timely manner on claims for refugee protection made by persons in
            Canada. In making these critical decisions, Canada fulfils its obligations as a signatory to a number of
            international human rights conventions
            Makes decisions on applications for vacation and cessation of refugee status
            Meets the information needs of decision-makers by providing and making publicly available current and
            reliable information related to human rights and to refugee and migration issues


                           Admissibility Hearings and Detention Reviews Program Activity

            Conducts admissibility hearings for foreign nationals or permanent residents who seek entry into
            Canada, or who are already in Canada, and are considered to be inadmissible
            Conducts detention reviews for foreign nationals or permanent residents who are detained for
            immigration reasons


                                  Immigration Appeal Division (IAD) Program Activity

            Hears appeals of sponsorship applications refused by CIC
            Hears appeals from certain removal orders made against permanent residents, Convention refugees and
            other protected persons, and holders of permanent resident visas
            Hears appeals by permanent residents against whom a CIC officer outside of Canada has decided that
            they have not fulfilled their residency obligation
            Hears appeals by the Minister of Public Safety from decisions of the Immigration Division at admissibility
            hearings


                                Corporate Management and Services Program Activity

            Supports the three IRB decision-making program activities through a range of human resources, legal
            services, communications, strategic planning, audit and evaluation, risk management, values and ethics,
            financial services, information technology, and management activities
            Provides the IRB with efficient management processes and administrative services while promoting
            organizational effectiveness
            Ensures that all corporate management services are integrated into the business of the IRB




     IRB logic model
     What we do, what we produce and the impact of these activities are captured in the
     following diagram. It represents a dynamic process in which information is shared
     throughout the IRB to ensure that everyone in the organization is focused on the
     appropriate activities and outputs in order to achieve the expected results and benefits for
     Canadians.



10    IRB                                                 2007-2008 PERFORMANCE REPORT
                      Figure 1.1: The IRB Logic Model

                                                                                                                    Strategic Outcome
                                                                                               Well-reasoned decisions on immigration and refugee matters
                                                                                                rendered efficiently, fairly and in accordance with the law




                                                         Activities                      Outputs                                     Results - Impact                                    Benefits for
                                                                                                                                                                                         Canadians

                                                        What we do                     What we
                                                                                       produce                                         Why we do it                                      Ensure that
                                                                                                                                                                                         Canada
                                                        Assess and research             Tribunal                                                                                         accepts those
                                                        refugee claims and              decisions on
                                                                                                                Short Term             Medium Term                Long Term
                                                                                                                                                                                         in need of
                                                        conduct immigration             refugee                                                                                          protection
                                                        appeals, admissibility          determination,         Well-reasoned                                    Through the
                                                                                                                                       Canada fulfils its                                Balance
                                                        hearings and                    admissibility,
                        S                                                                                      decisions on            international            decisions it renders,    individual
                                                        detention reviews               detention, and         immigration and                                  the IRB contributes
                                                                                                                                       obligations regarding                             rights and the
                                                                                        immigration            refugee matters                                  to the quality of life
                        I                               Provide legal and                                                              refugees, affording                               security of
                                                                                        appeals                rendered fairly,                                 in Canada’s
                                                        case management                                                                protection to those                               Canadians
                        T     Resources                 support to the three            Harmonized             efficiently and in      who need it              communities and
                                                        IRB tribunals                   country                accordance with                                  reflects and             Contribute
                        U     Net cost of                                                                                              The IRB contributes                               more broadly
                                                                                        documentation          the law                                          reinforces values
                              programs                  Provide                                                                        to ensuring individual                            to the quality
                              $103.3 million,                                                                                                                   that are important to
                        A                               interpretation,                 Legal guidance         The IRB is an           rights and the                                    of life in
                              928 full-time                                                                                                                     the nation
                              equivalent                translation and                 and advice             integral and            security of                                       Canada’s
                        T     employees,                transcription services                                 innovative partner      Canadians through        By exemplifying the      communities
                              GICs
                                                                                        Interpretations        in the federal          its hearings and         concept of fairness
                                                        to the IRB
                        I                                                               Transcripts            immigration and         reviews                  and efficiency in an     Respect for
                                                        Share information                                      refugee system                                   independent              human rights,
                        O                               and best practices              Corporate                                      The IRB contributes                               equality and
                                                                                                               through its work                                 administrative
                                                        with other refugee              management                                     nationally and                                    fairness;
                        N                                                                                      with stakeholders                                tribunal, the IRB
                                                        and immigration                 framework and                                  internationally in the                            respect for
                                                                                                               and partners                                     contributes to
                                                        administrative                  services                                       fields of refugee                                 peace and the
                                                                                                                                                                Canada’s lead role
                                                        tribunals                                              Resources are           determination and                                 rule of law
                                                                                                                                                                in the world
                                                                                                               focussed on             immigration
                                                        Corporate
                                                                                                               results, priorities                              Modern
                                                        management                                                                     Transparent
                                                                                                               and performance                                  management
                                                        functions ensure the                                                           government at the
                                                                                                                                                                focussed on results
                                                        effective and efficient                                                        service of Canadians
                                                                                                                                                                for Canadians
                                                        operations of the IRB



                                                        Activities                       Outputs                                     Results - Impact                                    Benefits for
                                                                                                                                                                                         Canadians

                                                                 Internal/External Factors                                                Feedback




SECTION 1: OVERVIEW
                                                                                  Evaluation: Focus – Collect Data – Analyze and Interpret – Report




11
     SUMMARY TABLE
     The following table highlights the IRB single strategic outcome, as well as the financial
     and human resources managed by the IRB during the reporting period. It also summarizes
     the four strategic priorities that have been developed and realized by the Board in order to
     achieve this outcome in 2007-2008.

     Table 1.3: IRB Summary Table

                                                 STRATEGIC OUTCOME
                              Single Strategic Outcome (Based on legislated mandate)
            Provide Canadians with well-reasoned decisions on immigration and refugee matters efficiently,
                                         fairly and in accordance with the law

                                                FINANCIAL RESOURCES
                                                  2007-2008 ($ millions)
            Planned Spending                        Total Authorities                       Actual Spending
                    113.7                                 118.3                                  103.3

                                                  HUMAN RESOURCES
                                            2007-2008 (Full-time Equivalents)

                  Planned                                Actual                               Difference
                    1,025                                  928                                   (97)

                                                STRATEGIC PRIORITIES
                                              2007-2008 Strategic Priorities
     Name                                                                         Type          Performance Status
     1. Consolidate the integration of the work of the Board’s divisions to       Ongoing         Successfully met
        ensure quality, consistency and fairness in the efficient resolution of
        cases in a time of transition

     2. Continue to build an organization that strengthens its operational and Ongoing            Successfully met
        leadership capacity, its diversity and its flexibility

     3. Continue to improve adjudicative and case management strategies           Ongoing         Successfully met
        including the implementation of Stage 1 of the Integrated Case
        Management System (ICMS)

     4. Implement a horizontal and fully integrated management plan that          Ongoing         Successfully met
        reflects the IRB's current reality




12    IRB                                                 2007-2008 PERFORMANCE REPORT
Program Activities by Strategic Outcome
The IRB’s four program activities were successfully carried out with the goal of
achieving the Board’s strategic priorities and outcome. The following table outlines the
financial resources that were planned and actually spent for each activity and their linked
contributions to the priorities described earlier.

Table 1.4: IRB Program Activities by Strategic Outcome
                                     Program Activities by Strategic Outcome

                                                                          2007-2008 ($ millions)

Expected Results                                       Performance Planned Actual                      Contribute to the
                                                       Status      Spending Spending                   Following Priority

  STRATEGIC OUTCOME: Provide Canadians with well-reasoned decisions on immigration and refugee matters
                            efficiently, fairly and in accordance with the law
Refugee Protection Program Activity           Successfully                       85.5            75.4 Priority 1, 2 and 3
Quality decisions rendered and cases          met
resolved in a timely manner regarding refugee
protection claims made in Canada
Admissibility Hearings and Detention                   Successfully              15.2            12.7 Priority 1, 2 and 3
Reviews Program Activity                               met
Quality decisions rendered and cases
resolved in a timely manner regarding
admissibility hearings and detention reviews
Immigration Appeal Program Activity                    Successfully              13.0            15.2 Priority 1, 2 and 3
Quality decisions rendered and cases                   met
resolved in a timely manner regarding
immigration appeals
Corporate Management and Services                      Successfully           Note 1          Note 2 Priority 1, 2, 3 and
Program Activity                                       met                                           4

Note 1: The total Corporate Management and Services planned spending was $24.9 M (or 22% of planned spending) and
included $14.5 M for personnel, $2.7 M for the Employee Benefit Plan (EBP) and $7.7 M for other operating expenditures. The
amount of $24.9 M was proportionally reallocated to the other program activities: $18.7 M to Refugee Protection, $3.3 M to
Admissibility Hearings and Detention Reviews and $2.9 M to Immigration Appeal. The reallocation was based on respective budget
expenditures trends.
Note 2: The limited number of GIC decision-makers available reduced operating and salary expenditures in two core program
activities. This created an opportunity to improve corporate management services and practices. The total Corporate
Management and Services actual spending was $29.0 M (or 28% of actual spending) and included $17.4 M for personnel,
$2.9 M for the Employee Benefit Plan (EBP) and $8.7 M for other operating expenditures. The amount of $29.0 M was
proportionally reallocated to the three main program activities: $21.8 M to Refugee Protection, $3.9 M to Admissibility Hearings
and Detention Reviews and $3.3 M to Immigration Appeal. The reallocation was based on respective budget expenditures
trends.




                                                                                                 SECTION 1: OVERVIEW               13
     PERFORMANCE SUMMARY
     Overall, the IRB accomplished its mission during 2007-2008. All major program
     activities delivered the results that had been set and expected. Canadians were provided
     with well-reasoned decisions on immigration and refugee matters, efficiently, fairly and
     in accordance with the law. Alternative ways to resolve cases more efficiently were also
     introduced. Thousands of individuals who satisfied the legal requirements for protection
     in Canada were granted safe haven. Admissibility hearings, detention reviews and
     removal order appeal hearings enhanced the safety and security of Canadian
     communities. The resolution of sponsorship appeals provided certainty for appellants and
     their families, and enriched Canada’s social and cultural fabric.

     Although the objectives were all successfully met, the IRB faced a number of significant
     challenges in doing so. Numerous refugee claims and immigration appeals could not be
     heard or decided upon in a timely manner because of the shortfall of Governor in Council
     (GIC) appointed decision-makers and an increasing caseload. The IRB has responded to
     this situation by supporting the work of the Selection Advisory Board and identifying
     qualified GIC candidates for the Minister’s consideration. The IRB also pursued its
     integration agenda and made several internal process improvements, which resulted in
     increased productivity. However, even with these greater efficiencies, the pending
     inventory continued to increase for a second consecutive year.



     Operating Environment
     During 2007-2008, the IRB carried out its mandate within a complex and ever-changing
     environment. Both international and domestic factors continue to influence the IRB's
     operating environment and context. For example, conflicts and country conditions abroad
     can result in refugee movements, which in turn affect the number of refugee protection
     claims made in Canada. The same is true of unanticipated shifts in international migration
     patterns, which can affect the number of people seeking admission to Canada.

     REFUGEE POPULATIONS
     The 2007 Global Trends report, published by the United Nations High Commissioner for
     Refugees (UNHCR), shows that the steady decline in refugee numbers witnessed since
     2002 was reversed in 2006 when numbers started increasing again. By the end of 2006,
     there were an estimated 9.9 million refugees. One year later, the global figure of refugees
     stood at 11.4 million, including 1.7 million people considered by UNHCR to be in a
     refugee-like situation.

     In Canada, the increase in refugee protection claims seen in 2006 continued into the 2007-
     2008 reporting period, with Mexico, Colombia and Haiti representing the top source
     countries for refugee protection claims. The Americas accounted for well over half of all


14    IRB                                      2007-2008 PERFORMANCE REPORT
claims referred and Mexico continued to comprise an increasing portion of all IRB
referrals at nearly 25 percent.

Figure 1.2: Refugee Claims Filed (2003-2007)




CHANGING WORKLOADS
Responding to the increased number of refugee protection claims and immigration
appeals, the IRB has been increasing its emphasis on an integrated approach to the
management and processing of all of its cases. At the same time, the refugee caseload is
becoming more complex, driven by mixed migration, broader grounds for protection,
security concerns and fraudulent documentation.

GROWING TREND OF FAMILY SPONSORSHIPS
Immigration continues to be very important for Canada, as immigrants represent an
increasing part of the population. Canada's population of immigrants is expected to reach
between 7 and 9.3 million by 2017. In this context and given the Government of Canada's
priority of promoting family reunification, family-class sponsorship applications have
increased at Canadian visa posts around the world. As a result, the IRB will continue to
experience a high number of family sponsorship appeals.

SAFE THIRD COUNTRY AGREEMENT
The Safe Third Country Agreement has been in effect between the United States and
Canada since the end of 2004. Under the agreement, refugee protection claimants who
travel through the United States or Canada by land, with some exceptions, are required to
make their claims in the country where they first arrived. The IRB has been closely
monitoring the litigation surrounding this agreement as a change in the agreement or its
legal status could have an impact on the number of refugee claims referred to the RPD as
well as the distribution of those claims across the country.



                                                                   SECTION 1: OVERVIEW      15
     APPOINTMENT OF DECISIONS-MAKERS
     Due to a series of transitions in government between 2004 and 2007, the IRB has
     experienced a decline in the rate at which GIC decision-makers are appointed and
     reappointed to the Board. The resulting shortfall in decision-makers has served as a major
     contributing factor to the growth of the pending inventory, to about 42,000 claims
     waiting and 9,600 appeals waiting as of the end of the reporting period.

     The shortfall has affected overall productivity, increased average processing times and
     challenged the Board’s ability to provide timely services in both official languages and
     meet its obligations under the Official Languages Act (OLA).

     ACCOUNTABILITY
     Public interest in the IRB’s work continues, along with a greater demand for
     accountability and transparency in government. In December 2006, the Government of
     Canada brought into force the Federal Accountability Act (FAA). As noted in the April
     2006 Speech from the Throne, this Act changes the existing system of oversight and
     management by strengthening the rules and institutions that ensure transparency and
     accountability to Canadians. The IRB continues to respond to this demand by improving
     performance reporting and implementing modern management practices (e.g. risk
     management and core management controls). Furthermore, the IRB has been
     strengthening its management accountability in the areas identified by the Treasury
     Board Secretariat (TBS) Management Accountability Framework (MAF) Assessments.

     PROTOCOL ADDRESSING DECISION-MAKER CONDUCT ISSUES
     The IRB was the first federal administrative tribunal to institute a formal process for
     addressing complaints about the conduct of decision-makers appointed to the IRB by the
     Governor in Council. Instituted in 1999, the Protocol Addressing Member Conduct Issues
     recognizes that high standards of conduct are required of public officials, such as IRB
     decision-makers, whose decisions profoundly affect people's lives.

     In 2007-2008, 12 complaints were filed under the Protocol. Of these complaints, nine
     were found not to fall within the scope of the Protocol, one was founded, one was
     founded in part and one was unfounded. No appeals were filed.

     GOVERNMENT-WIDE INITIATIVES
     During 2007-2008, the IRB continued to implement government-wide initiatives aimed at
     improving public sector management and management practices in order to enhance the
     organization’s overall performance. Particular emphasis was placed on building
     infrastructure in the areas of management, human resources, information technology and
     communications. These initiatives will continue in fiscal year 2008-2009 with the full
     implementation of the Government of Canada’s Management, Resources and Results
     Structure (MRRS) Policy and the development of procurement and assets management

16    IRB                                     2007-2008 PERFORMANCE REPORT
policies and directives. The IRB will also continue to modernize its HR management
practices and implement further initiatives related to the renewal of the public service and
employment equity. These measures support the IRB’s efforts to build the requisite
management and organizational capacity to sustain a high volume of resolutions and
decisions by ensuring that the necessary infrastructure and best management practices are
in place.

PORTFOLIO MANAGEMENT
As partners within the immigration and refugee portfolio, the IRB, CIC and the Canada
Border Services Agency (CBSA) continued to collaborate on operational matters while
respecting each other's distinct mandates and the IRB’s independence (see Figure 1.3).
The portfolio approach has created opportunities for effective communication and
coordination. Relationships within the portfolio reflect strengthened efforts in this regard
on issues relating to the overall management of the portfolio and take into account
evolving case management initiatives designed to meet ongoing challenges.

The IRB, CIC and the CBSA have negotiated a trilateral Memorandum of Understanding
(MOU) which will more clearly define their institutional relationships and reflect the
current operational environment and priorities. The agreement was signed in April 2008.
This MOU will build on the IRB and CIC Administrative Framework Agreement, which
has been in place since December 1996 and which defined the administrative relationship
between the two organizations.

Figure 1.3: The IRB, CIC and CBSA Portfolio

                                                                                                                                             CIC

                                                                                                                     • Overall responsibility for immigration
                                                                                                                       and refugee matters
          IRB                                                                                                        • Determines claims for refugee
                                                                                                                       protection abroad at Canadian
  • Independent administrative                                                                                         embassies
    tribunal                                                                                                         • Consults, selects immigrants, issues
                                             • Security of Canadians                                                   visitor visas, grants citizenship
  • Resolutions on immigration
                                             • Integrity of Canada’s immigration and                                 • Resettles, protects and provides a
    and refugee cases
                                               refugee system                                                          safe haven for refugees
    efficiently, fairly and in
    accordance with the law                  • Strength and diversity of Canada
  • Reports to the Parliament of             • Results and benefits for Canadians
    Canada
  • GICs




                                   • Provides integrated border services that support national security priorities
                                     and facilitates the free flow of persons and goods, including animals and
                                     plants, that meet all requirements under the program legislation
                                   • Carries out enforcement and intelligence functions related to immigration
                                     and refugee matters



                                                                                                CBSA




                                                                                                                      SECTION 1: OVERVIEW                       17
     PARTNERS AND AGENCIES
     The IRB continued to work closely with the Minister’s office and central agencies,
     including the Privy Council Office on GIC appointments of decision-makers and the TBS
     on program management and accountability. The IRB also worked with Public Works
     and Government Services Canada on procurement and accommodation issues and with
     the Public Service Commission, the Canada Public Service Agency and the Canada
     School of Public Service on human resources management issues. In addition, the IRB
     played a leading role in the organization of the 2008 annual conference of the Council of
     Canadian Administrative Tribunals (CCAT), with the Chairperson acting as conference
     co-chair. The CCAT annual conference provides an opportunity for tribunals across
     Canada to share best practices and new approaches to emerging issues in administrative
     justice.

     STAKEHOLDERS
     In an effort to enhance its interaction with stakeholders, the IRB reviewed how it
     coordinated its consultative activities. The introduction of a new consultative framework
     allowed the IRB to further improve its consultative mechanisms in order to better manage
     its relationships with stakeholders and facilitate the sharing of information between
     regional offices and headquarters.

     The IRB’s Consultative Committee on Practices and Procedures (CCPP) continued to
     provide the opportunity for regular contact between the IRB and non-governmental
     stakeholders. The CCPP provides a forum for consultation, advice, information-sharing
     and the discussion of issues of mutual concern regarding the Board’s practices and
     procedures. The IRB proposed adjustments to the CCPP for a renewed focus on quality
     exchanges on issues of national concern. The Committee is composed of representatives
     from the Canadian Council for Refugees, the Canadian Bar Association, the Refugee
     Lawyers Association, the Quebec Immigration Lawyers Association, the Canadian
     Association of Professional Immigration Consultants and the UNHCR.

     IRB regional offices maintained relationships with local stakeholders, including
     immigration consultants, bar associations, refugee and refugee law associations, UNHCR
     regional representatives and non-governmental organizations.

     INTERNATIONAL CONTEXT
     The IRB has established an international reputation for expertise in refugee
     determination. Consistent with our mandate and resources, the IRB maintained an active
     international presence in three main areas:

             Participation in specialized multilateral fora: the IRB regularly participates in
             meetings of the International Association of Refugee Law Judges, the UNHCR



18    IRB                                     2007-2008 PERFORMANCE REPORT
          Executive Committee and the Intergovernmental Consultations on Migration,
          Asylum and Refugees.
          Bilateral intergovernmental relations: the IRB exchanges information and best
          practices with a number of other refugee-receiving countries, including Austria,
          Australia, Costa Rica, Japan, the Netherlands, Sweden, the United Kingdom and
          the United States of America.
          Transfer of expertise/capacity-building partnerships: the IRB is involved in a
          multi-faceted partnership with the UNHCR whereby IRB personnel provide
          training and guidance on refugee status determination to UNHCR field staff.
          Discussions are also taking place on the possibility of expanding this partnership
          to capacity-building initiatives involving nascent national refugee authorities.

LINK TO GOVERNMENT OF CANADA OUTCOME AREAS
Canada’s federal organizations play an important role in contributing to the quality of life
of Canadians. All government policies, outcomes, departmental mandates and programs
are directed at fulfilling this role. The IRB makes important contributions to the
Government of Canada’s outcome areas, which are presented in the following diagram.

Table 1.5: IRB Program Activity Links to Government of Canada Outcome Areas
                        CONTRIBUTING TO THE QUALITY OF LIFE OF CANADIANS

                                          IRB STRATEGIC OUTCOME
                        Provide Canadians with well-reasoned decisions on immigration
                      and refugee matters efficiently, fairly and in accordance with the law

                                   GOVERNMENT OF CANADA OUTCOME AREAS

                                              International
                          A Safe and Secure World through International Cooperation

      Through the work of the Refugee Protection Program Activity, Canada accepts those in need of
      protection. Canada provides a safe haven to persons with a well-founded fear of persecution, as well
      as to those who face a danger of torture or a risk to their life or a risk of cruel and unusual treatment
      or punishment

                                                    Social
                                         Safe and Secure Communities

      Through the work of the Admissibility Hearings and Detention Reviews Program Activity, the IRB
      recognizes the consequences of the decisions it makes with respect to enhancing public safety and
      protecting Canadian citizens. It is with this sense of responsibility that the IRB maintains the balance
      between individual rights and the security of Canadians *

                                                   Social
                    A Diverse Society that Promotes Linguistic Duality and Social Inclusion

      Through the sponsorship and residency obligation appeals work of the Immigration Appeal Program
      Activity, the IRB recognizes the contributions of immigrants to the strength and vitality of Canadian
      society and culture, as well as the Government of Canada’s commitment to family reunification.
      Canada is a country enriched by the many different origins of its population
* Through its removal orders work, the Immigration Appeal Program Activity also contributes to the Safe and Secure
  Communities outcome area.




                                                                                       SECTION 1: OVERVIEW           19
           SECTION 2


          Analysis of
  Program Activities
by Strategic Outcome
This section provides performance information on the IRB’s plans, expected results and
financial and human resources presented in its 2007-2008 Report on Plans and Priorities
(RPP). Using the IRB’s PAA and MRRS that were approved by TBS for the 2007-2008
reporting period, the section details the achievement of the Board’s strategic priorities
and strategic outcome.

Table 2.1: The IRB Program Activity Architecture
                                Immigration and Refugee Board of Canada

            STRATEGIC OUTCOME: Provide Canadians with well-reasoned decisions on immigration
                   and refugee matters efficiently, fairly and in accordance with the law

                                     PROGRAM ACTIVITY ARCHITECTURE

Program Activity: Refugee Protection

     Decision-making
     Decision-making Support
        - Case Management and Research                - Legal Support
        - Translation/Interpretation/Transcription    - Other
Program Activity: Admissibility Hearings and Detention Reviews

     Decision-making                                     Decision-making Support
Program Activity: Immigration Appeal

     Decision-making                                     Decision-making Support
Program Activity: Corporate Management and Services

     Executive Offices                                   Legal Services
     Planning                                            HR and Professional Development
     Finance and Administration                          Strategic Communications and Partnerships
     Information Management/Information
     Technology (IM/IT)



The 2007-2008 IRB Performance Report is the second time that the IRB uses the complete
performance measurement framework to report on its strategic priorities and outcome.
The investment in developing the framework and populating it with performance
indicator data provides an improved foundation for this performance report. The IRB
ensures it is focused on results, delivers value for money, is consistent with Government
priorities, and continues to serve the purpose and mandate for which it was created.



COMMON ELEMENTS
The IRB has developed an Integrated Business Plan (IBP) for 2007-2008 that brings
together the plans and expected results for its four program activities. The plan identifies
both the common and distinct areas of activities for each program activity. Presented in
this section are the performance results for the common elements and for each of the
decision-making program activities. The performance results for the Corporate Management
and Services program activity are presented in Section 4.


                                  SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME     23
     Table 2.2: Common Elements Plans and Results

                                                       Common Elements:
                                                 Plans and Results for 2007-2008

                  STRATEGIC OUTCOME: Provide Canadians with well-reasoned decisions on immigration
                         and refugee matters efficiently, fairly and in accordance with the law

                                                   STRATEGIC PRIORITY 1
                     Consolidate the integration of the work of the Board’s divisions to ensure quality,
                     consistency and fairness in the efficient resolution of cases in a time of transition

     Plans                                          Results

     Policy Instruments and Procedures

     Elaboration of IRB detention/security            The Detention Framework was completed and issued. This
     framework and implementation of                  framework establishes what the IRB wants to achieve, expresses
     selected elements across the divisions           principles to guide the IRB’s approach to detention matters and
                                                      sets the key issues that the IRB will address to further improve the
                                                      security, fairness, access and efficiency of its proceedings
                                                      A set of priorities was identified during the reporting period.
                                                      Development of these priorities into policies/procedures is
                                                      planned for 2008-2009

     Initiate the development of a                    Work on the development of the policy was deferred to 2008-2009
     common/shared policy on the use of               because of competing policy priorities
     videoconferencing and new technology

     Develop and implement IRB policy                 The Policy for Handling IRB Complaints Regarding Unauthorized,
     governing conduct of representatives             Paid Representatives was developed during the reporting period
                                                      and released in early 2008-2009. This policy governs the process
                                                      for handling complaints arising in any of the IRB's divisions
                                                      regarding the possible charging of fees by representatives who
                                                      have declared that they are unpaid when representing, advising or
                                                      consulting with persons who are the subject of IRB proceedings

     Case Management Strategies
     Implement integrated adjudicative                New structure was implemented to support adjudication in the
     support model                                    three divisions, increasing productivity
                                                      Completed the transition of refugee protection officers to tribunal
                                                      officers, providing increased flexibility in their employment
                                                      Management positions were staffed and trained
                                                      Alternative Dispute Resolution (ADR) is being performed by public
                                                      service employees, allowing decision-makers to conduct more
                                                      hearings
                                                      A number of tribunal officers were trained to support all three
                                                      divisions, providing flexibility in response to needs and expanded
                                                      career opportunities

     Cross-divisional integration initiatives:        Training of IAD and RPD decision-makers in each others division
      - Western Region integration pilot              completed, summer 2007
        project                                       59 files were finalized in the ID/IAD streamlining pilot. Overall, the
      - ID-IAD streamlining pilot project             pilot had a positive evaluation, with an average case processing
                                                      time of 34 days. Adjustments are still required to the overall
                                                      process. A follow-up pilot was started on April 1, 2008

     Performance Measures

     Continue to develop and refine a                 Following consultations with the divisions, reports were
     standardized approach to present IRB             standardized in order to produce more consistent analyses
     divisional reports, including meaningful
     cross-divisional indicators, both
     quantitative and qualitative




24    IRB                                                     2007-2008 PERFORMANCE REPORT
                                               STRATEGIC PRIORITY 2
                          Continue to build an organization that strengthens its operational
                                and leadership capacity, its diversity and its flexibility

Plans                                          Results

Adjudicative Culture

Pursue recruitment efforts of GICs for          A new and more effective merit-based process was established in
RPD and IAD                                     July 2007 to assess candidates for GIC appointment as decision-
                                                makers
                                                The new Selection Advisory Board carried out extensive
                                                recruitment efforts, reviewing the application of hundreds of
                                                candidates seeking appointment
                                                Successful candidates that met IRB requirements were
                                                recommended to the Minister for appointment

Review and deliver comprehensive new            ID and IAD New Decision-maker Training Programs have been
decision-maker training in light of             redesigned and updated
anticipated renewal of workforce                All new decision-makers were comprehensively trained in all
                                                necessary subject areas, equipping them with the knowledge and
                                                skills to perform their duties and to facilitate integration initiatives

Develop and implement comprehensive             Where relevant and appropriate, members of all divisions were
cross-divisional training program for           trained jointly, resulting in more effective training; GIC members
RPD and IAD decision-makers and for             were cross-trained as required, providing increased flexibility in the
tribunal officers (including joint training,    employment of resources and improved productivity
where appropriate, among all divisions)         Tribunal officers attended new decision-maker training and
                                                national training sessions across all divisions as appropriate

Deliver focused and quality training on         Using a combination of professional development days, monthly
priority topics on an ongoing basis in          training sessions and a national training event, all three divisions
order to meet the needs of decision-            delivered quality training focused on their collective and respective
makers and to promote quality in                needs
handling of cases by staff and decision-        All training objectives were met and resulted in continued high
makers:                                         quality and increased consistency in decision-making
 - RPD: state protection, delivery of
   reasons, exclusion and Vulnerable
   Persons Guidelines
 - ID: National Training Session in May
   2007, and specific training needs on
   emerging issues
 - IAD: coordinated with implementation
   of IAD Innovation, namely streaming,
   ADR, proactive hearings, various
   adjudicative strategies, etc. (for both
   staff and decision-makers)

Action IAD-RPD deployment policy                No RPD-IAD deployments took place during the reporting period
when decision-maker complement
allows




DISTINCT PROGRAM ACTIVITY ELEMENTS
The IRB’s IBP also identifies the plans, expected results and operations that are unique to
each IRB program activity and contribute to achieving the IRB’s strategic priorities for
2007-2008 and the IRB’s strategic outcome. These are highlighted in the following
detailed analyses; the detailed analysis for Corporate Management and Services is
presented in Section 4.


                                      SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME                       25
     REFUGEE PROTECTION PROGRAM ACTIVITY

                                                                         Over the past year, the RPD
                                                                         continued to seek efficiencies while
                                                                         responding to the growing volume of
                                                                         refugee claims made on Canadian
         The Refugee Protection program activity receives                soil. Although expected demands
                                                                         were not fully realized due in part to
         the majority of IRB resources and is focused on                 a loss of decision-makers
         rendering quality and timely decisions on inland                throughout the year, enhanced and
                                                                         effective adjudicative strategies and
         refugee protection claims. To deliver on this mandate,          case management strategies
         the Refugee Protection program activity depends on              enabled the RPD to meet its
                                                                         mandate while upholding its
         experienced decision-makers and adjudicative support.           international reputation.

                                                                                                    Ken Sandhu
                                                                                            Deputy Chairperson
                                                                                      Refugee Protection Division




     Performance Measurements and Indicators
     Table 2.3: Refugee Protection Program Activity Total Financial and Human Resources
                                         Financial Resources ($ millions)

             Planned Spending                    Total Authorities                   Actual Spending
                    85.5                               84.7                                  75.4

                                             Human Resources (FTEs)

                  Planned                             Actual                              Difference
                    815                                 697                                 (118)




     Performance Highlights and Results
       DURING THE REPORTING PERIOD, DECISION-MAKER PRODUCTIVITY IN THE RPD HAS INCREASED BY
          AN AVERAGE OF 8%, THE HIGHEST IN THE LAST THREE YEARS. NEW CASE MANAGEMENT AND
        ADJUDICATIVE STRATEGIES ENHANCED OVERALL EFFICIENCY. A BI-ANNUAL NATIONAL TRAINING
         SEMINAR THAT BROUGHT TOGETHER DECISION-MAKERS FROM ACROSS THE COUNTRY NOT
        ONLY REINFORCED EXISTING SKILLS BUT ALSO PROVIDED A VENUE TO SHARE EXPERIENCES AND
         GAIN KNOWLEDGE FROM FELLOW EXPERTS IN THE REFUGEE FIELD. ALTHOUGH DEMANDS ON
       THE REFUGEE DETERMINATION SYSTEM INCREASED THROUGHOUT THE YEAR, THE QUALITY OF
             DECISION-MAKING REMAINED HIGH. HOWEVER, THE NUMBER OF NEW CLAIMS REFERRED
                   EXCEEDED PROJECTIONS, THEREBY ADDING TO THE OVERALL PENDING CASELOAD.



26    IRB                                             2007-2008 PERFORMANCE REPORT
Table 2.4: Refugee Protection Program Activity Plans and Results
            STRATEGIC OUTCOME: Provide Canadians with well-reasoned decisions on immigration
                   and refugee matters efficiently, fairly and in accordance with the law

                                            STRATEGIC PRIORITY 3
                      Continue to improve adjudicative and case management strategies
         including the implementation of Stage 1 of the Integrated Case Management System (ICMS)

Plans                                    Results

Distinct Elements and Tribunal Values

Mitigate increasing pending inventory,     Continued to apply streamlining instructions in a consistent
processing times and cost per claim by     manner and monitored instructions for potential future amendments
monitoring and expanding the Fast          The postponement and adjournment rate has remained stable
Track initiative, and reducing             over the past three fiscal years; however, decision-maker
adjournments and postponements, and        complement has decreased
through a more sophisticated               Continued to manage pending inventory and processing time by
streamlining                               developing new strategies to further enhance efficiency
                                           Evaluation is ongoing for two such strategies, namely the
                                           Language Analysis Project and the Simplified Information
                                           Gathering Project. A third strategy, the Western Integration
                                           Project, achieved positive results when piloted. However, an
                                           increase in the number of decision-makers will be required before
                                           the pilot can be further expanded

Further monitoring of RPD Action Plan      Board decision-maker productivity increased to an average rate of
in order to ensure implementation          4 claims finalized per week versus 3.7 in FY 2006-2007

Pursue measures to further streamline      Guidelines developed to ensure the timely reception of required
RPD processes                              personal information were re-enforced, resulting in a faster
                                           streaming of cases and improved productivity
                                           Training of decision-makers and tribunal officers on guidelines
                                           related to hearing room procedures and questioning on
                                           determinative issues resulted in shorter processing times and
                                           improved productivity
Continue to implement and monitor the      Quality Issue Sessions, along with the adoption and application of
strategic approach to quality              national documentation packages (versus regional) brought about
adjudicative support and decision-         consistency in decision-making
making through quality issue sessions,
discussion groups, additional National
Documentation Packages,
Jurisprudential Guides and Persuasive
Decisions, as needed, and Guidelines
for Vulnerable Persons

Launch ICMS Stage 1 for RPD                The ICMS project was completed and the system was rolled out in
                                           April 2007. The system business requirements have since
                                           changed. As a result, enhancements are required to update ICMS
                                           The decommissioning of STAR has been postponed until ICMS
                                           enhancements are implemented to further meet operational needs




Key Outputs
The outputs for the Refugee Protection program activity are
       Claims referred
       Claims finalized
       Claims waiting
       Average processing time
       Average cost per claim finalized

                                  SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME                27
     CLAIMS REFERRED

     Figure 2.1: Refugee Protection Claims Referred




            Note: The numbers have been rounded off to the nearest hundred.

            The 2007-2008 referrals were 30% above the 2006-2007 totals and 46% above the
            2005-2006 totals. Mexico remained the top source country for the fifth consecutive
            year, with 7,600 claims. Mexico claims accounted for 25% of all referrals. The
            2007-2008 Mexican referrals were 37% more than the referrals in 2006-2007. Haiti
            claim referrals were 4,300, followed by Colombia as the third top source country,
            with 3,000 referrals. The Western hemisphere accounted for 60% of all claims
            referred in 2007-2008.


     CLAIMS FINALIZED

     Figure 2.2: Refugee Protection Claims Finalized




            Note: The numbers have been rounded off to the nearest hundred.


            Given the uncertainty surrounding the appointments and reappointments of
            decision-makers to the RPD, the IRB projected to finalize 16,000 to 20,000 refugee
            protection claims. In 2007-2008, the RPD finalized 14,900 claims.




28    IRB                                              2007-2008 PERFORMANCE REPORT
      During the reporting period, decision-makers’ productivity was up 8% over last
      fiscal year. It was also the highest in three years and can be attributed to enhanced
      case management and adjudicative strategies. However, because fewer decision-
      makers were appointed and reappointed, the gains in productivity could not offset
      the shortfall in finalizations.

      During 2007-2008, the RPD had an average of 79 decision-makers out of a funded
      complement of 127.


CLAIMS WAITING

Figure 2.3: Refugee Protection Claims Waiting




      Note: The numbers have been rounded off to the nearest hundred.


      Due to the increase in referrals and the drop in finalizations, on March 31, 2008,
      42,000 claims were waiting for a decision versus the projected annual amount of
      33,200. This is an increase of 16,000 claims waiting from the year before, and more
      than double from March 31, 2006.


AVERAGE PROCESSING TIME

      The average processing time increased to 14 months in 2007-2008, versus the
      projected 12.5 months for the year. For the previous two fiscal years the average
      processing time was 12 months. The increased average processing time is due in
      part to a growing inventory and fewer experienced decision-makers. At year-end,
      close to 75% of claims finalized were older than a year, reflecting a rapidly growing,
      aging inventory and the RPD’s decision to finalize the oldest claims in its inventory.




                                  SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME   29
     AVERAGE COST PER CLAIM FINALIZED

           The average cost per claim for 2007-2008 was $4,938, compared with $4,117 in
           2006-2007. Unit costs per claim ranged from $2,200 for an expedited case to $7,300
           for complex cases.

           The increase in the average cost per claim is mainly attributable to a higher share of
           fixed business sustaining costs per unit caused by a lower volume of claims
           finalized during the year and increases in salary costs.

           The actual cost per claim is slightly higher than the forecasted average cost of
           $4,700 (based on an estimate of 16,000 claim finalizations) as reported in the 2007-
           2008 Report on Plans and Priorities due to the factors noted above.

           The cost per claim includes decision-making costs and costs of related activities
           such as case preparation, research, scheduling of hearings, legal services, foreign-
           language interpretation, technological support, translation services and administrative
           support. It also includes a share of the costs from the Corporate Management and
           Services program activity, which is allocated to the three decision-making program
           activities, based on expenditure trends.




30   IRB                                        2007-2008 PERFORMANCE REPORT
SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME   31
     ADMISSIBILITYHEARINGS AND DETENTION REVIEWS
     PROGRAM ACTIVITY


            The   Admissibility    Hearings     and       Detention
                                                                           Over the past 18 months, decision-
            Reviews program activity holds hearings for                    maker turnover has reached 63% in
                                                                           the Central Region, and most
            foreign nationals or permanent residents who are
                                                                           decision-makers currently have one
            alleged to be inadmissible to Canada pursuant to the           year or less of experience. Since the
                                                                           Central Region’s workload
            provisions of the IRPA. Detention reviews are held
                                                                           represents approximately 60% of the
            concerning      permanent   residents     and        foreign   Division’s total workload, every effort
                                                                           has been made to support our new
            nationals who are detained under the IRPA authority.           decision-makers, including the
            Detainees must be seen by the Immigration Division             invaluable contributions of decision-
                                                                           makers and directors in the other
            within 48 hours and subsequent reviews must be                 regions. I am extremely proud of this
            conducted within specific timeframes as set out in             remarkable example of teamwork.
            the IRPA. Decision-makers must balance individuals’                               Ghislaine Charlebois
                                                                                                  Director General
            right to liberty with the security interests of                                   Immigration Division
            Canadians and persons in Canada.




     Performance Measurements and Indicators
     Table 2.5: Admissibility Hearings and Detention Reviews Program Activity Financial and Human Resources
                                          Financial Resources ($ millions)

               Planned Spending                     Total Authorities                  Actual Spending
                     15.2                                 17.3                                12.7

                                             Human Resources (FTEs)

                   Planned                               Actual                           Difference
                      90                                    92                                 2




     Performance Highlights and Results
            THE LEVEL OF ACTIVITY IS DEPENDENT ON THE NUMBER OF CASES REFERRED BY THE CBSA.
             OVER THE COURSE OF 2007-2008, THE ADMISSIBILITY AND DETENTION REVIEWS PROGRAM
        ACTIVITY COPED WITH AN INCREASE IN REFERRALS FOR BOTH ADMISSIBILITY HEARINGS (9%) AND
       DETENTION REVIEWS (4%). THE IMMIGRATION DIVISION FINALIZED 2,700 ADMISSIBILITY HEARINGS
         IN FISCAL YEAR 2007-2008, 17% MORE THAN THE RPP FORECAST AND 1% MORE THAN IN THE
         PREVIOUS FISCAL YEAR. THE DIVISION FINALIZED 16,050 DETENTION REVIEWS, 2% MORE THAN
                              FORECASTED IN THE RPP AND 2% MORE THAN FINALIZED IN 2006-2007.




32    IRB                                                2007-2008 PERFORMANCE REPORT
Table 2.6: Admissibility Hearings and Detention Reviews Program Activity Plans and Results
            STRATEGIC OUTCOME: Provide Canadians with well-reasoned decisions on immigration
                   and refugee matters efficiently, fairly and in accordance with the law

                                            STRATEGIC PRIORITY 2
                       Continue to build an organization that strengthens its operational
                             and leadership capacity, its diversity and its flexibility

Plans                                      Results

Distinct Elements and Tribunal Values

Pursue succession recruitment efforts       Staffing requirements were met. One staffing process completed
and integration of new decision-makers      in Central Region: 10 new decision-makers were hired
                                            Two anticipatory staffing processes initiated in Eastern and
                                            Western Regions with the intention of creating qualified pools for
                                            succession planning
                                            Mentoring by decision-makers (including experienced decision-
                                            makers, former decision-makers, decision-makers from other
                                            regions) provided to new decision-makers
                                            Decision-makers from other regions have helped out with cases
                                            while on mentoring assignments
                                            Temporary double-banking of decision-makers to facilitate transfer
                                            of knowledge prior to retirement
                                            HR plan completed and regional components developed
                                            STRATEGIC PRIORITY 3
                     Continue to improve adjudicative and case management strategies
                            including the implementation of Stage 1 of the ICMS

Plans                                      Results

Distinct Elements and Tribunal Values
Introduce and implement innovative          Tribunal officers integrated in ID business process
approaches to processes by further          Case readiness measures piloted in Central Region
developing and promoting tools that will    Tribunal officer completed an analysis of all cases completed to
support quality, consistency and            determine days taken by ID to conduct 48-hour detention reviews
efficiency in decision-making               Aide-mémoire for the conduct of detention reviews developed by
                                            tribunal officer
                                            Adjudication strategy: General framework for consistency, quality
                                            and efficiency was developed
                                            Expectation of 60-day standard for written decisions included in
                                            work objectives for decision-makers
                                            97% of detention reviews concluded within the legislative timeframe
                                            The pilot concerning files that involved simple criminality (s.36 (1)
                                            (a)) was a success. The process involved the cooperation of the
                                            CBSA, ID and IAD and the introduction of a paper process which
                                            saw the processing time drop significantly from over one year to
                                            less than a month. Unfortunately, due to the CBSA’s human
                                            resource issues the process cannot continue in the same form
                                            however, a new pilot is under way
                                            Increased sharing of best practices among regions and decision-
                                            makers leading to improved quality and consistency in decisions
                                            was also achieved by:
                                            - Cross-regional discussion forum
                                            - Increased use of a decision digest
                                            - National training conference
                                            - Attendance at international conferences

Develop harmonized processes and            Increased use of videoconferencing in Eastern Region for Ottawa
adopt a more flexible resource              cases
management approach to help meet the        National order for release form implemented
legislative timeframes and operational      Decision-makers assigned to other region temporarily when
requirements to achieve finalization of     appropriate
all cases referred to the Division in a     Increased use of videoconferencing between Central and Eastern
timely fashion                              Regions (half day per week)



                                  SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME                    33
     Key Outputs
     The outputs for the Admissibility Hearings and Detention Reviews program activity are
            Admissibility hearings finalized
            Detention reviews finalized
            Average cost per admissibility hearing finalized
            Average cost per detention review finalized


     ADMISSIBILITY HEARINGS FINALIZED

     Figure 2.5: Admissibility Hearings Finalized




            Note: The numbers have been rounded off to the nearest hundred.


             Outcome of decisions
             - 72% resulted in a removal order being issued because the person was determined
               inadmissible
             - 3% resulted in permission to enter or to remain in Canada
             - 7% were subject to the withdrawal of the inadmissibility allegation by the CBSA
               at the hearing
             - 16% of persons who received a notice to appear at their hearing failed to appear
               and the case was closed




34    IRB                                               2007-2008 PERFORMANCE REPORT
DETENTION REVIEWS FINALIZED

Figure 2.6: Detention Reviews Finalized




      Note: Please note that starting in 2005-2006, the IRB included cases that were resolved before opening
      (RBOs) in its reporting on total finalizations. In 2005-2006, 10,950 detention reviews were finalized
      without RBO, 11,600 in 2006-2007 and 11,900 in 2007-2008. The numbers have been rounded off to the
      nearest hundred.


      The ID received 16,200 requests for detention reviews from the CBSA in 2007-
      2008. The Division finalized 16,050 detention reviews; 2% more than forecasted in
      the 2007-2008 Report on Plans and Priorities and 2% more than finalized in 2006-
      2007. The remaining 150 cases were pending decisions.

      The variance in the RPP forecast (11,500) and the actual number of detention
      reviews that were finalized (16,050) is attributable mainly to changes in the case
      management process. Cases resolved without a decision are now being included in
      the actual finalizations, as described below.

      Of the 16,050 detention reviews finalized, 11,900 were finalized with a decision—a
      2% increase over the 11,600 detention reviews finalized with a decision in 2006-
      2007. The remaining 4,150 were finalized without a decision either because the case
      was rescheduled or the person had been removed, released or detained by courts
      prior to a scheduled review.

      Outcome of detention reviews finalized with a decision
      - 74% resulted in continued detention
      - 19% resulted in an offer to release, subject to certain terms and conditions
      - 5% resulted in release orders without any terms or conditions attached
      - 2% resulted in changes to the conditions imposed on persons granted release




                                  SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME               35
     AVERAGE COST PER ADMISSIBILITY HEARING AND DETENTION REVIEW FINALIZED

           The average cost per admissibility hearing finalized was $1,096 and the average cost
           per detention review finalized was $727. These costs are comparable to the actual
           average costs for 2006-2007 of $1,133 per admissibility hearing and $751 per
           detention review. As well, the average costs for 2007-2008 are in line with the
           forecasted cost indicated in the 2007-2008 Report on Plans and Priorities of $1,100
           per admissibility hearing and $800 per detention review.

           The cost per admissibility hearing and detention review includes decision-making
           costs and costs of related activities such as case preparation, research, scheduling of
           hearings, legal services, foreign-language interpretation, technological support,
           translation services and administrative support. It also includes a share of the costs
           from the Corporate Management and Services program activity, which is allocated
           to the three decision-making program activities, based on expenditure trends.




36   IRB                                        2007-2008 PERFORMANCE REPORT
SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME   37
38   IRB   2007-2008 PERFORMANCE REPORT
IMMIGRATION APPEAL PROGRAM ACTIVITY

     The Immigration Appeal program activity hears
                                                                           The Immigration Appeal Division
     immigration appeals from Canadian citizens and                        achieved record-high productivity
     permanent residents whose applications to sponsor                     again in 2007-2008. I want to
                                                                           acknowledge the dedication and hard
     close family members to Canada have been refused.                     work of our decision-makers and
     Other key functions include hearing appeals from                      public service employees. The quality
                                                                           of our work also remains high due to
     permanent      residents,     foreign    nationals     with    a      our ongoing professional development,
                                                                           implementation of our adjudication
     permanent resident visa, protected persons who have
                                                                           strategies and our comprehensive
     been ordered removed from Canada and permanent                        adjudicative support.
     residents outside of Canada who have not fulfilled
                                                                                                      Shari Stein
     their residency obligation.                                                            A/Deputy Chairperson
                                                                                       Immigration Appeal Division




Performance Measurements and Indicators
Table 2.7: Immigration Appeal Program Activity Financial and Human Resources
                                         Financial Resources ($ millions)

         Planned Spending                        Total Authorities                       Actual Spending
                 13.0                                   16.3                                    15.2

                                             Human Resources (FTEs)

               Planned                                 Actual                                Difference
                 120                                     139                                     19
The difference between planned and actual expenditures was mainly due to additionnal salaries and operating expenses in
support of tribunal operations.




Performance Highlights and Results
           THE IAD RESPONDED TO CONTINUING HIGH CASELOAD DEMANDS AND DECISION-MAKER
     COMPLEMENT SHORTFALLS WITH A YEAR OF RECORD-HIGH PRODUCTIVITY. THE MOMENTUM OF
         THE IAD INNOVATION TRANSFORMATION CONTINUED, WITH MORE IMPROVEMENTS IN CASE
    MANAGEMENT AND ADJUDICATIVE SUPPORT, FURTHER PILOT PROJECTS AND A MAJOR FOCUS ON
    CONDUCTING HEARINGS IN A MORE PROACTIVE MANNER. THE CHALLENGE OF THE IAD CENTRAL
       REGION BACKLOG WAS ADDRESSED THROUGH AN AGGRESSIVE BACKLOG REDUCTION PLAN,
  INCLUDING REGIONAL SHARING OF DECISION-MAKERS FROM EASTERN REGION. THIS RESULTED IN
                        COMPLETING THE OLDEST CASES IN OUR CASE INVENTORY IN TORONTO.




                                     SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME                       39
     Table 2.8: Immigration Appeal Program Activity Plans and Results
                 STRATEGIC OUTCOME: Provide Canadians with well-reasoned decisions on immigration
                        and refugee matters efficiently, fairly and in accordance with the law

                                                  STRATEGIC PRIORITY 3
                           Continue to improve adjudicative and case management strategies
                                  including the implementation of Stage 1 of the ICMS

     Plans                                       Results

     Distinct Elements and Tribunal Values

     IAD Innovation – Continued                    Ongoing improvements in IAD case management and
     implementation of IAD Innovation              adjudicative support through enhanced streaming, early resolution
     proposals to transform IAD into a more        and hearing readiness efforts
     flexible and proactive division               Higher number of appeals finalized and completed with
                                                   decreased decision-maker complement. The number of appeals
                                                   completed with hearing per decision-maker-year increased by 3%
                                                   in comparison with 2006-2007
                                                  Average processing time increased by 2% (in large part due to a
                                                  14% decrease in decision-maker complement in comparison with
                                                  the previous fiscal year)
                                                  More information on the IAD Innovation initiative is available in
                                                  Section 4

     Early Information Gathering and Early        A framework was set up to address effective streaming
     Informal Resolution – Obtain more            Public service employee teams and appropriate tools put in place
     information from both parties earlier, to    to provide support to the IAD through streaming, early resolution and
     support earlier screening, streaming         hearing readiness efforts
     and resolution

     Alternative dispute resolution (ADR) –       ADR is being conducted by public service employees
     Finish transition of ADR program to          ADR resolution rate dropped slightly from 50% in 2006-2007 to 48%
     public service, and increase early           in 2007-2008
     informal resolution through successful
     ADR by public service employees

     Hearings – Ensure files are hearing-         The adjournment rate has remained fairly stable over the past
     ready and have hearings conducted in a       four fiscal years, and the postponement rate has declined
     more proactive manner                        New hearing readiness checklist was developed for the IAD
                                                  Central Region backlog reduction initiative
                                                  The Central Region backlog reduction initiative was successfully
                                                  completed and resulted in finalization of oldest cases in Central
                                                  Region
                                                  Several professional development sessions and training tools
                                                  were developed to foster best practices and equip decision-
                                                  makers with tools to conduct more proactive hearings
                                                  Pilot project successfully implemented in Central Region for
                                                  residency obligation appeal hearings with Minister's counsel
                                                  appearing only through written submissions

     Adjudication strategy and consistency –      A combination of management team meetings, planning sessions
     Develop and promote consistent and           and professional development sessions held at the regional and
     strategic approaches, including in areas     national levels contributed to improved communication of best
     such as removal order appeals and            practices and cross-regional consistency
     stays, proactive hearings, adjournments      Adjudication strategies were developed to deal with caseload and
     and postponements, and the applicant’s       legal issues in a strategic and consistent manner – initial focus on
     testimony in marriage sponsorship            proactive hearings, with three professional development sessions
     appeals                                      involving discussion of best practices and development of training
                                                  tools to equip decision-makers to conduct more proactive
                                                  hearings
                                                  Continued discussion and training on best practices and a more
                                                  consistent approach to efficient use of the applicant’s testimony in
                                                  marriage sponsorship appeals when needed
                                                  Training on adjournments and postponements was addressed in
                                                  all new decision-maker training sessions, with broader training for
                                                  all IAD decision-makers deferred to October 2008



40    IRB                                                  2007-2008 PERFORMANCE REPORT
                                             STRATEGIC PRIORITY 3
                      Continue to improve adjudicative and case management strategies
                             including the implementation of Stage 1 of the ICMS

Plans                                    Results

                                           Implemented ID-IAD streamlining pilot in Central Region to deal
                                           with stays negotiated by CBSA and appellant – also developed
                                           and delivered a national professional development session on
                                           stays for IAD decision-makers




Key Outputs
The outputs for the Immigration Appeal program activity are
       Appeals filed
       Appeals finalized
       Appeals waiting
       Average processing time
       Average cost per appeal finalized


APPEALS FILED

Figure 2.9: Immigration Appeals Filed




      Note: The numbers have been rounded off to the nearest hundred.


      The number of filed appeals remained high due to an increase in removal order
      appeals. Sponsorship appeals filed decreased only marginally by 1 percent from the
      previous fiscal year.




                                  SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME             41
     APPEALS FINALIZED

     Figure 2.10: Immigration Appeals Finalized




            Note: The numbers have been rounded off to the nearest hundred.


            Given the uncertainty surrounding the appointments and reappointments of
            decision-makers to the IAD, the IRB projected to finalize 5,800 to 6,300 appeals. A
            total of 6,400 appeals were finalized in 2007-2008, the highest number of appeals in
            the IRB’s history.

            Higher numbers of appeals were finalized despite the decrease in the decision-maker
            complement. The average decision-maker complement in 2007-2008 was 25, out of
            an authorized 37, the lowest since 2001-2002.

            The IAD developed adjudication strategies to deal with its caseload and issues in a
            strategic and consistent manner. Several initiatives were implemented throughout
            2007-2008 such as improved pre-hearing actions to ensure files are hearing ready
            and strategic sharing of decision-makers across the regions. The continued high
            productivity of decision-makers and the increase in public service support for the
            IAD contributed to an increased level of performance. The IAD focused on training
            decision-makers to conduct hearings in a more proactive manner. The large pending
            inventory in the Central Region was addressed through an aggressive backlog
            reduction initiative. One of several innovative measures and pilot projects was a
            new case stream for residency obligation appeals selected by the CBSA in which the
            Minister's counsel would not appear in person at the hearing but would instead
            provide written submissions. Successful use of the Alternative Dispute Resolution
            (ADR) program, the early review processes, and increased focus on the screening
            and streaming of cases were key mechanisms by which the IRB managed its
            immigration appeals caseload and which had a positive impact on productivity.




42    IRB                                              2007-2008 PERFORMANCE REPORT
      Outcome of decisions
      Of the 6,400 appeals finalized in 2007-2008
      - 39% were allowed
      - 31% were dismissed
      - 30% were either withdrawn by the appellant or declared abandoned by the IRB

     In addition to the appeals finalized, IAD decision-makers ordered 700 stays, a
     temporary outcome in a removal order appeal in which reconsideration and final
     decision is done at a later date.

      These results have fluctuated slightly over the past few years, as outcomes are a
      function of the nature of the appeals being heard, with each case being decided
      independently on its particular merits.


APPEALS WAITING

Figure 2.11: Immigration Appeals Waiting




      Note: The numbers have been rounded off to the nearest hundred.


      The number of appeals waiting for a decision increased to 9,600 by March 31, 2008.
      (This includes 1,340 removal order appeals in which the removal order has been
      stayed and the appeal is waiting for reconsideration and a final decision later). The
      increased number of appeals waiting for a decision is a result of the number of
      appeals filed exceeding the number of appeals finalized for a fifth consecutive year.


AVERAGE PROCESSING TIME

      The average processing time for appeals increased by 3% in 2007-2008 to 10.1
      months nationally in comparison with 2006-2007. The average processing time has
      been increasing for the past four consecutive years. The increasing processing time
      is a result of the number of appeals filed exceeding the number of appeals finalized.


                                  SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME   43
           Increased caseload and delays in decision-maker appointments and reappointments
           have been contributing factors to increased inventory levels and average processing
           time.


     AVERAGE COST PER APPEAL FINALIZED

           The overall average cost per finalized appeal for 2007-2008 of $2,330 is comparable
           to the 2006-2007 actual average cost of $2,260. Average unit costs per appeal were
           $2,200 for removal orders, $2,300 for sponsorship appeals and $2,500 for residency
           obligation appeals.

           The overall average cost per finalized appeal is slightly higher than the forecasted
           cost of $2,200 as reported in the 2007-2008 Report on Plans and Priorities
           primarily due to increased salary costs.

           The cost per appeal includes decision-making costs and costs of related activities
           such as case preparation, scheduling of hearings, legal services, foreign-language
           interpretation, technological support, translation services and administrative support. It
           also includes a share of the costs of the Corporate Management and Services
           program activity, which is allocated to the three decision-making program activities,
           based on expenditure trends.




44   IRB                                          2007-2008 PERFORMANCE REPORT
SECTION 2: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME   45
    SECTION 3


Supplementary
  Information
Links to Government of Canada Outcomes
The following table shows the IRB’s planned spending by program activity and
alignment to the Government of Canada outcome areas.

Table 3.1: Departmental Link to the Government of Canada Outcomes
                       Departmental Link to the Government of Canada Outcomes

                   STRATEGIC OUTCOME: Provide Canadians with well-reasoned decisions
              on immigration and refugee matters efficiently, fairly and in accordance with the law

Program Activities                  Actual Spending 2007-2008 ($ millions) Alignment to Government of
                                                                           Canada Outcome Area
                                    Budgetary Non-budgetary       Total

Refugee Protection                     75.4              -             75.4      A safe and secure world
                                                                                 through international
                                                                                 cooperation
Admissibility Hearings and             12.7              -             12.7      Safe and secure communities*
Detention Reviews

Immigration Appeal*                    15.2              -             15.2      A vibrant Canadian culture and
                                                                                 heritage
* Through its removal orders work, the Immigration Appeal program activity also contributes to the Safe and Secure
  Communities outcome area.


The IRB contributes to the quality of life of Canadians by making important
contributions to three Government of Canada outcomes areas.

Through the work of the Refugee Protection program activity, Canada accepts those in
need of protection. Canada provides a safe haven to persons with a well-founded fear of
persecution, as well as to those who face a danger of torture or risk to their life or risk of
cruel and unusual treatment or punishment. This contributes to a safe and secure world
environment through international cooperation.

Through the work of the Admissibility Hearings and Detention Reviews program
activity, and through the removal order appeals work of the Immigration Appeal program
activity, the IRB recognizes the consequences of the decisions it makes with respect to
enhancing public safety and protecting Canadian citizens. It is with this sense of
responsibility that the IRB maintains the balance between individual rights and the
security of Canadians. This enhances the safety and security of Canadian communities.

Through the sponsorship appeals work of the Immigration Appeal program activity, the
IRB recognizes the contributions of immigrants to the strength and vitality of Canadian
society and culture, as well as the Government of Canada’s commitment to family
reunification. Canada is a country enriched by the many different origins of its
population. This contributes to a vibrant Canadian culture and heritage.




                                                                 SECTION 3: SUPPLEMENTARY INFORMATION                49
     Comparison of Planned to Actual Spending (incl. FTEs)
     This table offers a comparison of the Main Estimates, Planned Spending, Total
     Authorities, Actual Spending for 2007-2008 and historical figures for Actual Spending.

     Table 3.2: Comparison of Planned to Actual Spending (incl. FTEs)
      ($ millions)                       2005-2006 2006-2007                            2007-2008
                                             Actual         Actual          Main      Planned      Total       Actual
                                                                       Estimates     Spending Authorities

      Refugee Protection                       90.6          81.4           85.5         85.5          84.7      75.4
      Admissibility Hearings and               10.4          12.2           15.2         15.2          17.3      12.7
      Detention Reviews
      Immigration Appeal                       11.7          16.8           13.0         13.0          16.3      15.2
      Total                                   112.7         110.4          113.7        113.7         118.3     103.3
      Less: Non-respendable revenue
      Plus: Cost of services received          20.3          19.5                        19.2                    18.4
      without charge
      Total Departmental Spending             133.0         129.9                       132.9                   121.7
      Full-time Equivalents (FTEs)            1,035           942                       1,025                     928


     The IRB's total authorities of $118.3 million increased by $4.6 million from its planned
     spending of $113.7 million due mainly to an additional amount of $4.6 million in funding
     carried-forward from 2006-2007.

     Actual spending for 2007-2008 was $103.3 million, $15.0 million less than total
     authorities. Unused resources were attributable mainly to
         - A surplus of $7.6 million in various areas due to delays in appointments of
              decision-makers and staffing of public service positions
         - A surplus of $7.4 million in the special purpose allotment for the translation of
              decisions due to a lower volume of translations than initially anticipated



     Voted and Statutory Items
     Table 3.3: Voted and Statutory Items
                                                      2007-2008
     Voted or Statutory Items           Truncated Vote of              Main        Planned        Total       Actual
     ($ millions)                       Statutory Wording            Estimates     Spending     Authorities

     10                            Operating expenditures                100.3        100.3           107.1      92.1
                                   Contributions to employee
                                                                          13.4         13.4            11.2      11.2
     (S)                           benefit plans
     Total                                                               113.7        113.7           118.3     103.3




50    IRB                                               2007-2008        PERFORMANCE REPORT
Integrated Case Management System (ICMS) Project
The implementation of the ICMS for the RPD supports the IRB in its efforts to improve
case preparation and management by streamlining and automating business processes,
and by providing all IRB employees with access to a national repository of information
required to support quality decision-making.

The ICMS was implemented for the RPD on April 1, 2007. The ICMS project has closed
and the structure for the maintenance of the system is in place. Throughout the first half
of 2007-2008, the IRB trained staff and decision-makers to provide them with the
knowledge and skills required for them to make effective use of the system. The IRB also
ensured that sufficient knowledge transfer and organizational capacity was achieved to
support and maintain ICMS as the primary system of record for the RPD.

Table 3.4: Integrated Case Management System (ICMS) Project

                                                   STAGE 1
 Plans                                                   Results

 ICMS in production: National deployment of ICMS for       On April 1, 2007, the ICMS was deployed in
 the RPD                                                   production
                                                           In August 2007, due to issues identified in the
                                                           ICMS that impacted on operations, new cases
                                                           were temporarily redirected to STAR. Cases
                                                           already referred in the ICMS stayed in the ICMS.
                                                           Some technical issues still being addressed at the
                                                           end of the reporting period
 Facilitate effective change management in preparation     Following an internal communication campaign on
 for the transition to ICMS through comprehensive          ICMS implementation, a comprehensive training
 training, communications, and change management           package was delivered to public service
 plans                                                     employees and decision-makers to equip them to
                                                           use the system, resulting in increased efficiency
                                                           and productivity

                                                   STAGE 2
 Plans                                                   Results

 Automate IAD processes                                    The issues encountered with Stage 1 and the
                                                           ongoing work to streamline the IAD processes as
                                                           part of the IAD Innovation Plan delayed the work
                                                           on IAD processes

                                                   STAGE 3
 Plans                                                   Results

 Automate ID processes                                     The issues encountered with Stage 1 delayed the
                                                           work on the ID processes




Travel Policies
The IRB follows the TBS Travel Directive, Rates and Allowances and Special Travel
Authorities.


                                                               SECTION 3: SUPPLEMENTARY INFORMATION             51
     Financial Statements
     The following financial statements are prepared in accordance with accrual accounting
     principles. The unaudited supplementary information presented in the financial tables in
     the IRB Performance Report is prepared on a modified cash basis of accounting in order
     to be consistent with appropriation-based reporting. Note 3 of the financial statements
     reconciles these two accounting methods.




52    IRB                                     2007-2008   PERFORMANCE REPORT
STATEMENT OF MANAGEMENT RESPONSIBILITY
Responsibility for the integrity and objectivity of the accompanying financial statements for the
year ended March 31, 2008, and all information contained in these statements rests with the
management of the Immigration and Refugee Board of Canada (the IRB). These financial
statements have been prepared by management in accordance with Treasury Board accounting
policies, which are consistent with Canadian generally accepted accounting principles for the
public sector.

Management is responsible for the integrity and objectivity of the information in these financial
statements. Some information in the financial statements is based on management’s best estimates
and judgment and gives due consideration to materiality. To fulfil its accounting and reporting
responsibilities, management maintains a set of accounts that provides a centralized record of the
IRB’s financial transactions. Financial information submitted to the Public Accounts of Canada
and included in the IRB’s Departmental Performance Report is consistent with these financial
statements.

Management maintains a system of financial management and internal control designed to provide
reasonable assurance that financial information is reliable, that assets are safeguarded and that
transactions are in accordance with the Financial Administration Act, are executed in accordance
with prescribed regulations, are within Parliamentary authorities, and are properly recorded to
maintain accountability of Government funds. Management also seeks to ensure the objectivity
and integrity of data in its financial statements by careful selection, training and development of
qualified staff, by organizational arrangements that provide appropriate divisions of responsibility,
and by communication programs aimed at ensuring that regulations, policies, standards and
managerial authorities are understood throughout the IRB.

The Chairperson’s Management Board (the CMB) is the senior management body responsible for
setting organizational priorities and objectives and providing overall direction to the IRB. The
CMB oversees major initiatives that cut across the organization to ensure a comprehensive and
integrated approach.

Management is supported and assisted by an Audit and Evaluation Committee (the AEC), a sub-
committee of the CMB. The primary role of the AEC is to provide functional guidance over
internal audit and evaluation.

The Chief Financial Officer is a full member of both the CMB and AEC.

The financial statements of the IRB have not been audited.




Brian Goodman                                                   Serge Gascon, CGA
Chairperson                                                     Chief Financial Officer



Ottawa, Canada
July 31, 2008



                                                         SECTION 3: SUPPLEMENTARY INFORMATION           53
     STATEMENT OF OPERATIONS (UNAUDITED)
     FOR THE YEAR ENDED MARCH 31
     (in thousands of dollars)



                                                                               2008                                 2007

                                                     Refugee        Immigration       Admissibility   Total         Total
                                                    Protection        Appeal          Hearings &
                                                                                       Detention
                                                                                       Reviews
     Operating Expenses

        Salaries and employee benefits                   60 863          11 767              9 426     82 056       85 835

        Rentals                                          10 813           1 710              2 187     14 710       15 036

        Professional and special services                 9 590           2 833              1 839     14 262       15 955

        Amortization (Note 5)                             5 947              53                 68      6 068        4 673

        Transportation and telecommunications             3 132             626                517      4 275        4 558

        Repair and maintenance                            1 824             193                581      2 598        1 259

        Acquisition of equipment (less than $10K)         1 007             179                250      1 436        1 848

        Utilities, materials and supplies                   554              74                 84        712         722

        Information                                         174               8                 16        198         227

        Other                                               123               1                  2        126           32

     Total Operating Expenses                            94,027          17,444            14,970     126,441      130,145


     Revenues
         Miscellaneous                                       27               4                  5            36            9

     Total Revenues                                          27               4                  5            36            9


     Net Cost of Operations                             94,000           17,440            14,965     126,405      130,136


     The accompanying notes form an integral part of these financial statements.




54    IRB                                                   2007-2008      PERFORMANCE REPORT
STATEMENT OF FINANCIAL POSITION (UNAUDITED)
AT MARCH 31
(in thousands of dollars)



                                                                               2008               2007


ASSETS
                     Financial assets
                     Accounts receivables and advances (Note 4)                       2,621              3,576


                     Non-financial assets
                     Prepaid expenses                                                117                129
                     Tangible capital assets (Note 5)                             18,397             23,307
                     Total non-financial assets                                   18,514             23,435


TOTAL                                                                             21,135             27,011



LIABILITIES
                     Accounts payable and accrued liabilities (Note 6)             8,102              9,723
                     Vacation pay and compensatory leave                           4,014              3,445
                     Employee severance benefits (Note 7b)                        15,104             15,239
                     Total liabilities                                            27,220             28,407


EQUITY OF CANADA                                                                      (6,085)            (1,396)


TOTAL                                                                             21,135             27,011



Contingent liabilities (Note 8)


The accompanying notes form an integral part of these financial statements.




                                                                     SECTION 3: SUPPLEMENTARY INFORMATION          55
     STATEMENT OF CASH FLOW (UNAUDITED)
     FOR THE YEAR ENDED MARCH 31
     (in thousands of dollars)



                                                                                     2008            2007

     Operating activities
         Net cost of operations                                                         126,405        130,136
         Non-cash items:
               Amortization of capital assets (Note 5)                                   (6,068)        (4,673)
               Services received without charge (Note 9a)                               (18,370)       (19,524)
         Variations in Statement of Financial Position:
               Increase (decrease) in accounts receivable and advances                      (955)           859
               Increase (decrease) in prepaid expenses                                        (12)          105
               Decrease (increase) in liabilities                                           1,187       (2,244)
     Cash used by operating activities                                                  102,187        104,659

     Capital investment activities
          Acquisitions of tangible capital assets (Note 5)                                  1,158           5,182
     Cash used by capital investment activities                                             1,158           5,182

     Financing activities
          Net cash provided by Government of Canada (Note 3c)                          (103,345)      (109,841)


     The accompanying notes form an integral part of these financial statements.




56    IRB                                                    2007-2008     PERFORMANCE REPORT
NOTES TO THE FINANCIAL STATEMENTS (UNAUDITED)

1. Authority and Objectives

Created by an Act of the Canadian Parliament in 1989, the IRB is the largest Canadian
administrative tribunal performing quasi-judicial functions. Its mandate is contained in
Part 4 of the Immigration and Refugee Protection Act (the IRPA).

As an independent tribunal, the IRB’s mandate is to
        determine claims for refugee protection made in Canada
        adjudicate admissibility hearings and review reasons for detention
        decide appeals from sponsorship refusals, certain removal orders and residency
        obligation decisions, and decide appeals by the Minister of Citizenship and
        Immigration from decisions made in admissibility hearings

As an organization with three administrative justice divisions, the IRB provides a
responsive and efficient means of delivering administrative justice for individuals and
ensures that all people who come before it are treated fairly. In fulfilling its mandate, the
IRB contributes directly to maintaining public confidence in the integrity of Canada’s
immigration and refugee determination system.


2. Summary of Significant Accounting Policies

The financial statements have been prepared in accordance with Treasury Board
accounting policies, which are consistent with Canadian generally accepted accounting
principles for the public sector.

Significant accounting policies are as follows:

(a) Parliamentary Appropriations – The IRB is financed by the Government of Canada
    through Parliamentary appropriations. Appropriations provided to the IRB do not
    parallel financial reporting according to generally accepted accounting principles
    since appropriations are primarily based on cash flow requirements. Consequently,
    items recognized in the statement of operations and the statement of financial
    position are not necessarily the same as those provided through appropriations from
    Parliament. Note 3 provides a high-level reconciliation between the bases of
    reporting.




                                                     SECTION 3: SUPPLEMENTARY INFORMATION       57
     (b) Net Cash Provided by Government – The IRB operates within the Consolidated
         Revenue Fund (the CRF), which is administered by the Receiver General for Canada.
         All cash received by the IRB is deposited to the CRF and all cash disbursements
         made by the IRB are paid from the CRF. The net cash provided by Government is the
         difference between all cash receipts and all cash disbursements including transactions
         between departments of the federal government.

     (c) Change in net position in the Consolidated Revenue Fund is the difference between
         the net cash provided by Government and appropriations used in a year, excluding
         the amount of non-respendable revenue recorded by the IRB. It results from timing
         differences between when a transaction affects appropriations and when it is
         processed through the CRF.

     (d) Revenues – Revenues are accounted for in the period in which the underlying
         transaction or event occurred that gave rise to the revenues. The IRB does not charge
         for its services and its only revenues stem from gains on disposals of crown assets,
         Access to Information and Privacy fees and interest on overdue accounts receivable.

     (e) Expenses – Expenses are recorded on an accrual basis:
            Vacation pay and compensatory leave are expensed as the benefits accrue to the
            employees under their respective terms of employment;
            Services provided without charge by other government departments for
            accommodation, the employer’s contribution to the health and dental insurance
            plans and legal services are recorded as operating expenses at their estimated
            cost.

     (f) Employee future benefits
         (i) Pension benefits: Eligible employees participate in the Public Service Pension
              Plan, a multi-employer administered by the Government of Canada. The IRB
              contributions to the Plan are charged to expenses in the year they are incurred
              and represent the total obligation of the IRB to the Plan. Current legislation does
              not require the IRB to make contributions for any actuarial deficiencies of the
              Plan.
         (ii) Severance benefits: Employees are entitled to severance benefits under labour
              contracts or conditions of employment. These benefits are accrued as employees
              render the services necessary to earn them. The obligation relating to the benefits
              earned by employees is calculated using information derived from the results of
              the actuarially determined liability for employee severance benefits for the
              Government as a whole.

     (g) Accounts receivables are stated at amounts expected to be ultimately realized. A
         provision can be made for external parties’ receivables where recovery is considered
         uncertain.


58    IRB                                       2007-2008   PERFORMANCE REPORT
(h) Contingent liabilities – Contingent liabilities are potential liabilities, which may
    become actual liabilities when one or more future events occur or fail to occur. To
    the extent that the future event is likely to occur or fail to occur, and a reasonable
    estimate of the loss can be made, an estimated liability is accrued and an expense
    recorded. If the likelihood is not determinable or an amount cannot be reasonably
    estimated, the contingency is disclosed in the notes to the financial statements.

(i) Tangible capital assets – All tangible capital assets having an initial cost of $10,000
    or more are recorded at their acquisition cost. Amortization of tangible capital assets
    is done on a straight-line basis over the estimated useful life of the assets as follows:

                Asset class                                Amortization Period
                Informatics hardware                                   4 years
                Informatics software                                   5 years

(j) Measurement uncertainty – The preparation of these financial statements in
    accordance with Treasury Board accounting policies which are consistent with
    Canadian generally accepted accounting principles for the public sector requires
    management to make estimates and assumptions that affect the reported amounts of
    assets, liabilities, revenues and expenses reported in the financial statements. At the
    time of preparation of these statements, management believes the estimates and
    assumptions to be reasonable. The most significant items where estimates are used
    are the liability for employee severance benefits and the useful life of tangible capital
    assets. Actual results could significantly differ from those estimated. Management’s
    estimates are reviewed periodically and, as adjustments become necessary, they are
    recorded in the financial statements in the year they become known.


3. Parliamentary Appropriations

The IRB receives its funding through annual Parliamentary appropriations. Items
recognized in the statement of operations and the statement of financial position in one
year may be funded through Parliamentary appropriations in prior, current or future
years. Accordingly, the IRB has different net results of operations for the year on a
government funding basis than on an accrual accounting basis. The differences are
reconciled in the following tables:




                                                     SECTION 3: SUPPLEMENTARY INFORMATION       59
     (a) Reconciliation of net cost of operations to current year appropriations used:

      (in thousands of dollars)                                                   2008           2007


      Net cost of operations                                                       126,405         130,136

      Adjustments for items affecting net cost of operations but not affecting
      appropriations:
      Add (Less):
            Services received without charge (Note 8)                              (18,370)        (19,524)
            Amortization of tangible capital assets                                 (6,068)         (4,673)
            Vacation pay and compensatory leave                                          (569)           333
            Adjustments to previous years accounts payable                                429              3
            Employee severance benefits                                                   135       (1,153)
            Refunds of previous year’s expenditures                                        78             49
            Revenue not available for spending                                             36              9
            Accounts receivable set-up                                                      6               -
            Prepaid expenses previously charged to appropriations                           5               -
            Justice Canada’s expenditures                                                    -           (29)
                                                                                   102,087         105,151

      Adjustments for items affecting net cost of operations but not affecting
      appropriations:
      Add (Less):
            Acquisition of capital assets                                            1,158              5,182
            Prepaid expenses                                                                5            105
      Current year appropriations used                                             103,250         110,438



     (b) Appropriations provided and used

      (in thousands of dollars)                                                   2008           2007


      Vote 10 - Operating expenditures                                             100,186         103,259
      Vote 10a - Supplementary                                                            136           3,829
      Vote 10 - Transfer from Treasury Board Secretariat                                  110               -
      Vote 15 - Transfer from Treasury Board Secretariat                                  694           1,049
      Vote 22 - Transfer from Treasury Board Secretariat                             4,583                  -
      Vote 23 - Transfer from Treasury Board Secretariat                             1,414                  -
      Vote 35 - Transfer to Treasury Board Secretariat                                     (2)              -
      Statutory amounts                                                             11,209          11,189
      Less:
            Lapsed appropriations: Operating                                       (15,080)         (8,888)
            Current year appropriations used                                       103,250         110,438


60    IRB                                                    2007-2008   PERFORMANCE REPORT
(c) Reconciliation of net cash provided by Government to current year appropriations used

 (in thousands of dollars)                                                       2008                    2007


 Net cash provided by Government                                                   103,345                 109,841
 Revenue not available for spending                                                      543                       55
                                                                                   103,888                 109,896
 Change in net position in the Consolidated Revenue Fund
         Variation in accounts receivable and advances                                   955                    (859)
         Variation in accounts payable and accrued liabilities                      (1,621)                     1,423
         Other adjustments                                                                28                     (22)
                                                                                        (638)                    542
 Current year appropriations used                                                  103,250                 110,438



4. Accounts Receivable and Advances

The following table presents details of accounts receivable and advances:

 (in thousands of dollars)                                                      2008                     2007


 Receivable from other Federal Government departments and agencies                   2,481                      3,472
 Receivables from external parties                                                       128                     100
 Employee advances                                                                        12                       4
 Total                                                                               2,621                      3,576



5. Tangible Capital Assets

Cost (in thousands of dollars)

 Capital asset class                 Opening Balance        Acquisitions    Work in Progress        Closing balance
                                                                                     Transfer
 Informatics Hardware                             2,587             302                         -               2,889

 Informatics Software                            17,425              21                 12,790               30,236

 Software under development                      12,554             601              (12,790)                    365

 Work in Progress                                      -            234                         -                234

 Total                                           32,566            1,158                        -            33,724




                                                                      SECTION 3: SUPPLEMENTARY INFORMATION              61
     Accumulated amortization (in thousands of dollars)


      Capital asset class                         Opening balance                 Amortization           Closing balance
      Informatics Hardware                                    1,968                          281                      2,249

      Informatics Software                                    7,291                       5,787                   13,078

      Software under Development                                   -                           -                          -

      Work in Progress                                             -                           -                          -

      Total                                                   9,259                       6,068                   15,327


      Capital asset class                                  2008 Net book value                        2007 Net book value
      Informatics Hardware                                                  640                                        619

      Informatics Software                                               17,158                                   10,134

      Software under Development                                            365                                   12,554

      Work in Progress                                                      234                                           -

      Total                                                              18,397                                   23,307
     Amortization expense for the year ended March 31, 2008, is $6,068 (2007 - $4,673).



     6. Accounts Payable and accrued liabilities

     The following table presents details of accounts payables and accrued liabilities:

     (in thousands of dollars)                                                        2008                     2007

     Accounts payable external                                                                3,521                    3,976
     Accounts payable other government departments and agencies                               1,405                    1,308
     Accrued liabilities                                                                      3,176                    4,439
     Total                                                                                    8,102                    9,723



     7. Employee Benefits

     a) Pension Benefits: IRB employees participate in the Public Service Pension Plan,
        which is sponsored and administered by the Government of Canada. Pension benefits
        accrue up to a maximum period of 35 years at a rate of 2 percent per year of
        pensionable service, times the average of the best five consecutive years of earnings.
        The benefits are integrated with Canada/Québec Pension Plans benefits and they are
        indexed to inflation.




62    IRB                                                   2007-2008     PERFORMANCE REPORT
    Both employees and the IRB contribute to the cost of the Plan. The 2007-08 expense
    amounts to $11,204,992 ($11,183,580 in 2006-2007), which represents approximately
    2.1 times (2.2 in 2006-2007) the contributions by employees.

    The IRB’s responsibility with regard to the Plan is limited to its contributions.
    Actuarial surpluses or deficiencies are recognized in the financial statements of the
    Government of Canada, as the Plan’s sponsor.

b) Severance Benefits: The IRB provides severance benefits to its employees based on
   eligibility, years of service and final salary. These severance benefits are not pre-
   funded. Benefits will be paid from future appropriations. Information about the
   severance benefits, measured as at March 31, is as follows:

     (in thousands of dollars)                                      2008              2007


     Accrued benefit obligation, beginning of the year                 15,239            14,086
     Cost for the year                                                     1,329          2,981
     Benefits paid during the year                                     (1,464)           (1,828)
     Accrued benefit obligation, end of the year                       15,104            15,239



8. Contingent liabilities

Claims have been made against the IRB in the normal course of operations. Legal
proceedings for claims totalling approximately $5,620,086 ($5,616,000 in 2007) were
still pending at March 31, 2008. Some of these potential liabilities may become actual
liabilities when one or more future events occur or fail to occur. To the extent that the
future event is likely to occur or fail to occur, and a reasonable estimate of the loss can be
made, an estimated liability is accrued and an expense recorded in the financial
statements. No liability set-up was required because no future events were likely to occur.


9. Related party transactions

The IRB is related in terms of common ownership to all Government of Canada
departments and agencies and Crown corporations. The IRB enters into transactions with
these entities in the normal course of business and on normal trade terms. Also, during
the year, the IRB received services, which were obtained without charge from other
Government departments as presented in part (a) below.

a) Services received without charge: During the year, the IRB received without charge
   from other departments, accommodation, legal fees and the employer’s contribution
   to the health and dental insurance plans. These services without charge have been
   recognized in the IRB Statement of Operations as follows:

                                                         SECTION 3: SUPPLEMENTARY INFORMATION      63
             (in thousands of dollars)                                               2008            2007


             Accommodation                                                             13,729          13,986
             Employer’s contribution to the health and dental insurance plans           4,641           5,533
             Legal services                                                                    -               3
             Total                                                                     18,370          19,524


            The Government has structured some of its administrative activities for efficiency
            and cost-effectiveness purposes so that one department performs these on behalf of
            all without charge. The costs of these services, which include payroll and cheque
            issuance services provided by Public Works and Government Services Canada, are
            not included as an expense in the IRB’s Statement of Operations.

     b) Payables and receivables outstanding at year-end with related parties:

             (in thousands of dollars)                                                2008           2007


             Accounts receivable from other government departments and agencies              2,481          3,472
             Accounts payable to other government departments and agencies                   1,405          1,308




64    IRB                                                     2007-2008     PERFORMANCE REPORT
List of Electronic Tables
TABLE 3.5: RESPONSE TO PARLIAMENTARY COMMITTEE AND EXTERNAL AUDITS
For supplementary information on the IRB’s response to Parliamentary Committees and
External Audits please visit: http://www.tbs-sct.gc.ca/dpr-rmr/2007-2008/index-eng.asp


TABLE 3.6: INTERNAL AUDITS AND EVALUATIONS
For supplementary information on the IRB’s Internal Audits and Evaluations, please
visit: http://www.tbs-sct.gc.ca/dpr-rmr/2007-2008/index-eng.asp




                                                 SECTION 3: SUPPLEMENTARY INFORMATION    65
             SECTION 4


Other Items of Interest
CORPORATE MANAGEMENT AND SERVICES
PROGRAM ACTIVITY

As described previously in the TBS approved PAA, the Corporate Management and
Services program activity provided support to the three IRB program activities through a
range of management and oversight services, HR management, financial management,
legal services, communications, procurement and assets management, information
technology, information management, internal audit services and evaluation services. It
also provided the IRB with efficient management processes and administrative services
while promoting organizational effectiveness, and implemented various government-wide
management and improvement initiatives. In addition, the Corporate Management and
Services program activity ensured that all corporate management services are integrated
into the business of the IRB.

As previously described in Section 1, the shortfall in the number of decision-makers
reduced the operating and salary expenses in the Refugee Protection and Admissibility
Hearings and Detention Reviews program activities. This created an opportunity to
further improve management practices in the Corporate Management and Services
program activity. As noted in its 2007-2008 RPP, the IRB was planning a number of
initiatives and improvements in this program activity.



Performance Highlights
The Corporate Management and Services major activities were aligned with the strategic
priorities set out for the organization. The following table summarizes the key
performance results that were achieved.

Table 4.1: Corporate Management and Services Plans and Expected Results
                   STRATEGIC OUTCOME: Provide Canadians with well-reasoned decisions
              on immigration and refugee matters efficiently, fairly and in accordance with the law

                                            STRATEGIC PRIORITY 1
               Consolidate the integration of the work of the Board’s divisions to ensure quality,
               consistency and fairness in the efficient resolution of cases in a time of transition

 Plans                                       Results

 Participate in and coordinate national       In November 2007, the IRB introduced a revised Conference
 and international events (including          Coordination Strategy with the purpose of refining national
 conferences) to showcase the IRB’s           conference coordination. The strategy served to define internal
 integration efforts and position the IRB     roles and responsibilities and provide conference participation
 as a leader in the administrative justice    instructions to ensure effective internal coordination in order to
 community in Canada and in the refugee       maximize the benefits of its outreach engagements
 and immigration sector internationally       International conference participation was undertaken with a
                                              view to ensuring appropriate participation in conferences to
                                              deliver strategic messages about the IRB and to continue to
                                              enhance international partnership relationships. Participation
                                              resulted in opportunities to share IRB expertise and learn from
                                              the experience of other institutions in areas of current interest



                                                                      SECTION 4: OTHER ITEMS OF INTEREST           69
                                                    In the Canadian administrative justice community, the IRB also
                                                    participated in selected conferences, providing opportunities for
                                                    the Board to enhance its reputation through discussions of best
                                                    practices and sharing of information with similar organizations
                                                 STRATEGIC PRIORITY 2
                            Continue to build an organization that strengthens its operational
                                  and leadership capacity, its diversity and its flexibility

     Plans                                         Results

     Continue to build on the 2006-2007             The first initiative of the EE Strategy was implemented in March
     Employment Equity (EE) initiatives with        2008, whereby Phase I of the Mentoring Program was launched
     a two-year IRB EE strategy, supported          for members of designated groups (Aboriginal Peoples, persons
     by robust communications activities            with disabilities, and members of visible minorities)
                                                    As result for Phase 1, 16 employees have been selected as
                                                    mentorees and 11 managers have committed to act as mentors
                                                    IRB continues to contribute in implementing a robust EE
                                                    program, e.g. by participating in a collective process to establish
                                                    a fully-assessed pool of qualified EX-01 visible minority
                                                    candidates and increase the number of visible minorities in the
                                                    Executive group
     Continue to review the Official                In order to be more responsive to the needs of its clients, the IRB
     Languages (OL) program, including              had undertaken the following in 2007-2008:
     policy, training and infrastructure             - A new chapter on the administration of justice has been
                                                        developed for an upcoming inclusion in the OL Policy
                                                     - Recommendations approved by the CMB related to the
                                                        administration of justice in both official languages were
                                                        implemented
                                                     - The IRB produced its first Corporate Integrated HR Plan. The
                                                        plan incorporates language training as professional
                                                        development opportunities
                                                     - An OL information campaign was launched in February 2008
                                                        to help raise awareness among members, public service
                                                        employees and senior management of the IRB nationwide, of
                                                        their obligations and rights under the OLA
     Continue the implementation of the             The implementation continued as planned. Following an analysis
     People Management Strategy by                  of the Public Service Employee Survey, interviews were
     focusing, namely, on the development of        conducted with managers and union representatives in order to
     a wellness strategy and a talent               focus on priority employee and organizational wellness issues.
     management program                             Recommendations related to effective people management, the
                                                    review of the roles and responsibilities and the development of a
                                                    talent management framework will continue to be implemented
                                                    into the next reporting period
                                                 STRATEGIC PRIORITY 3
                           Continue to improve adjudicative and case management strategies
              including the implementation of Stage 1 of the Integrated Case Management System (ICMS)

     Plans                                         Results

     Legal Services to develop a national           Work in progress: the business requirements were developed in
     reasons database                               consultation with the users

     Amend the IRB rules of practice                Work on amending the IRB Rules of Practice was deferred to the
                                                    future because of competing policy priorities

     Finalize the transition of ICMS resources,     The necessary acquisition of support capacity, including the
     tools, procedures and infrastructure to        transfer of knowledge, to finalize the transition of ICMS
     the IS Directorate to provide the necessary    resources, tools, procedures and infrastructure to the IS
     maintenance of ICMS applications               Directorate was completed

     Facilitate effective change management         The necessary acquisition of support capacity, including the
     in preparation for the transition to ICMS      transfer of knowledge, for the ICMS was achieved
     through comprehensive training,                All conditions stipulated in the TB Submission were met
     communications and change                      The ICMS project was completed and the system was rolled out



70   IRB                                                     2007-2008 PERFORMANCE REPORT
management plans                            in April 2007. The system business requirements have since
                                            changed and as a result enhancements are required to update
                                            the ICMS. The ICMS is currently being supported with scheduled
                                            maintenance releases to address the identified changes

Provide ongoing maintenance and             The ICMS project was completed and the system was rolled out
support to ICMS in production               in April 2007. Over the last fiscal year, the Information Systems
                                            Directorate had deployed four maintenance releases to maintain
                                            the ICMS in production
                                            Sufficient knowledge transfer and organizational capacity were
                                            achieved to support and maintain the ICMS to eventually replace
                                            STAR and become the primary system of record for the RPD

                                           STRATEGIC PRIORITY 4
     Implement a horizontal and fully integrated management plan that reflects the IRB’s current reality

Plans                                      Results

Planning and Accountability

Continue the implementation of the          The IRB Strategic Outcome and Program Activity Architecture
Management Resources and Results            were approved by the Chairperson. Furthermore, the
Structure (MRRS) Policy                     performance measurement framework and the IRB governance
                                            structure were submitted to the TBS to comply with the MRRS
The Risk Management Plan updated to         Quarterly risk exercises were implemented to manage strategic,
reflect new strategic priorities, the       operational and legal risks in accordance with government-wide
Government Management Agenda and            approach to risk management
the implementation of the Legal Risk        Legal risk management measures were approved and integrated
Management System                           into the strategic planning process
Continue to comply with the new Internal    Internal Audit Charter Policy was drafted and an Audit
Audit policy                                Committee Charter was developed. Introduction of the second
                                            year of the new Audit Policy Suite was not fully completed.
                                            Recruitment of an external member in progress. Potential
                                            candidates provided to the TBS during subsequent reporting
                                            period
                                            A fundamental control framework action plan was approved by
                                            the CMB
Provide effective financial planning and    All expected results were achieved, including approval of the
budgeting using activity-based              2008-2009 budget allocation prior to commencement of the FY
budgeting (ABB), A-Base Reviews and         IRB planning and budgeting process met the expenditure
other tools to support the resourcing       Management Cycle
process within the IRB                      Minor adjustments were made to the ABB model to reflect IAD
                                            Innovation and adjudicative support strategy. ICMS changes
                                            have been delayed until further ICMS releases are in place

Ensure ongoing implementation of            Work related to integrated human resources and business
integrated HR and business planning ,       planning at the IRB continued throughout 2007-2008, with the
including the development of additional     creation of a framework, template, and supporting tools to
planning tools                              facilitate the development of integrated HR and business plans
                                            across the organization
                                            Corporate Integrated HR Plan was developed and outlines its
                                            four key HR priorities over the next three years:
                                             - Implementing more efficient and effective recruitment and
                                                staffing strategies, policies and tools, including strategic
                                                succession plans, for existing and new IRB employees
                                             - Emphasizing learning and development opportunities and
                                                career enhancement for all personnel, which is essential in
                                                attracting and retaining skilled and engaged employees
                                             - Creating an enabling, fair and safe work environment to
                                                generate high levels of employee engagement

Enhance the IRB IT Planning                 A three-year IT plan was developed in draft form. The IT plan
Framework to be in line with IRB            was fully integrated into the IRB business plan
business plans                              A plan for the modernization of IT architecture and business
                                            practices was developed. The full implementation will occur over



                                                                   SECTION 4: OTHER ITEMS OF INTEREST           71
                                              several years
                                              An Architecture Review Board was created to support IT
                                              modernization. Through alignment of IT practices and reviews of
                                              the architecture, the work of the Board resulted in increased
                                              efficiency of the IRB’s IT capabilities

     People Management
     Revise a Code of Conduct for decision-   The Code of Conduct for IRB decision-makers has been
     makers and public service employees of   updated. The new Code was implemented in early 2008-2009
     the IRB                                  The Code of Conduct for IRB public service employees has not
                                              been implemented as the IRB is waiting for TBS’ Code of
                                              Conduct; IRB public service employees were made aware of the
                                              conduct required under the Values and Ethics Code for the
                                              Public Service by attending mandatory awareness sessions

     Ensure ongoing implementation of         The IRB implemented the appropriate tools and is compliant with
     Classification Reform                    legislative requirements

     Develop policies on GIC terms and        This has been postponed to 2008-2009 due to concurrent
     conditions of employment                 strategic priorities

     Review and update accountability         This has been postponed to 2008-2009 pending the results of
     profiles for GICs                        the Roles and Responsibility Review

     Modernization of GIC resource planning   Planning for human and financial resources related to GIC
     to ensure that the IRB has the           appointments has been integrated to IRB activity planning
     necessary complement of decision-        cycles. In order to ensure that candidates are readily available
     makers                                   for appointments, training was planned and conducted and
                                              additional resources were allocated to GIC Secretariat Services
                                              to support the selection process. The shortage of decision-
                                              makers is due to insufficient GIC appointments

     Continue HR modernization                Meetings were held with all Branch Heads in early 2008 to
     implementation including HR Planning     discuss their integrated HR and business plans and to seek
     and Informal Conflict Resolution to      additional information and understanding of their needs
     ensure compliance with legislative       In-house informal conflict resolution (ICR) workshops were
     requirements, monitoring practices,      offered to both employees and managers
     exploring of opportunities under the     IRB concluded an agreement with the Office of Conflict
     Public Service Employment Act and        Resolution at CIC to obtain, upon request, informal conflict
     development of any necessary             resolution services to IRB employees to resolve workplace conflicts
     additional policies/tools                Second review of HR policies and procedures to ensure they
                                              meet the needs of the Board and legislative requirements
                                              The Staffing Management Accountability Framework was revised
                                              and will be finalized in 2008-2009
                                              Staffing activity reports are provided to the Public Service
                                              Commission on a regular basis
                                              Public Service Staffing Tribunal complaints were monitored
                                              closely in order to identify issues that may need to be addressed
                                              Monitoring of employee and manager participation in all required
                                              training activities has resulted in increased compliance with TBS
                                              Policy on Learning, Training and Development and the Directive
                                              on the Administration of Required Training

     Financial Management

     Begin the implementation of the CFO      Completed. Further to discussions with TBS, it was confirmed
     model                                    that the CFO position is the Director General, Corporate
                                              Planning and Services Branch (CPSB)

     Implement formal financial monitoring    Monitoring activities (regional visits, sampling of salary
     function                                 transactions and quarterly reports of findings) were implemented
                                              and provide management with a greater assurance of compliance

     Participate in TBS Renewal of Policies   No new TBS policies/directives implemented during 2007-2008
     and Directives                           under the responsibility of CPSB
                                              IRB has the appropriate mechanisms for the timely update of its
                                              directives and procedures once TBS policies are published



72   IRB                                             2007-2008 PERFORMANCE REPORT
Security
Enhance the comprehensive security          Three new Policy Frameworks (IT Security Incident Handling,
program and ensure a robust                 Log Management and Wireless) were established and implemented
communications strategy                     E-mail and network acceptable usage policies were updated
                                            A Disaster Recovery (DR) plan was introduced and a DR site
                                            was built in Montréal
                                            A Pandemic Plan was developed
                                            Security training sessions were conducted, enhancing the level
                                            of security awareness of all employees

Procurement and Asset Management
Implement a comprehensive                   The IRB’s procurement program has been significantly improved
procurement and asset management            and now reflects a consistent IRB-wide approach to file
program                                     management, reporting, and application of TB and PWGSC
                                            policies and procedures. In terms of Asset Management, the IRB
                                            has begun the implementation of a software that will track assets
                                            and capture contract, warranty, and depreciation information
                                            A draft IRB Asset Management policy was completed. This
                                            policy will align IRB with TB Materiel Management and Disposal
                                            policies, and allow the proper recording of disposed assets
                                            Following an audit of regional offices, training and corrective
                                            measures were undertaken to further ensure that the IRB is in
                                            compliance with TBS policies and directives
                                            Due to the magnitude of the project and the numerous
                                            stakeholders involved, the modernization of the contracting
                                            regime could not be fully completed. Postponed to 2008-2009

Information Management
Continue the implementation of the          One major element of the Information Management action plan
relevant elements of the Information        was accomplished. IRB’s retention and disposition schedule has
Management action plan                      been approved and implemented. Completion of other elements
                                            postponed to 2008-2009 due to competing priorities

Information Systems
Support all systems and users (external     National Call Centre (NCC) support mechanisms were
and internal) effectively and in            developed to enhance services and accessibility to external and
accordance with service standards           internal users via telephone and electronic requests
                                            Service standards were met. Clients were provided with
                                            technical services, application upgrades and advice as required

Strategic Communications and Partnerships
Continue to strengthen outreach efforts     Through participation in outreach events and conferences, the
and improve stakeholder and                 IRB continued to develop its relationship with NGOs,
Parliamentary relations                     stakeholders and other groups
                                            The Terms of Reference for the Consultative Committee on
                                            Practices and Procedures (CCPP), representing the IRB’s key
                                            stakeholders, were revised to focus on consultation of IRB policies
                                            Through three CCPP meetings IRB executives and stakeholders
                                            were brought together for exchanges on key policy and procedural
                                            issues, which resulted in improved understanding and cooperation

Introduce revamped external Web site        Work continued on the IRB internet site in preparation for its
                                            launch later in 2008. The site will allow the IRB to provide the
                                            Canadian public and our clients with accurate and relevant
                                            information in a more timely manner




                                                                    SECTION 4: OTHER ITEMS OF INTEREST            73
     ORGANIZATIONAL INFORMATION

     Roles and Responsibilities Review
     As planned in the 2007-2008 IRB Report on Plans and Priorities, the Board initiated a
     review of its senior management roles and responsibilities during the last quarter of the
     reporting period. The purpose of the review was to identify any overlaps, gaps or unclear
     accountabilities between and among GIC positions and/or public service management
     positions. As well, it examined how the IRB’s organizational structure can be optimized
     to fulfill its mandate in the most effective and efficient manner within the current
     statutory framework. The recommendations were delivered and will be acted upon in the
     next planning and reporting period.



     Organizational Chart
     Figure 4.1: IRB Organizational Chart


                                                   CHAIRPERSON


           DIRECTOR
      GOVERNOR-IN-COUNCIL
      SECRETARIAT SERVICES




                                                                              EXECUTIVE
                                                                              DIRECTOR




            DEPUTY               DEPUTY               DIRECTOR        DIRECTOR                 SENIOR
         CHAIRPERSON           CHAIRPERSON            GENERAL         GENERAL                 GENERAL
           REFUGEE             IMMIGRATION          IMMIGRATION      OPERATIONS               COUNSEL
      PROTECTION DIVISION     APPEAL DIVISION          DIVISION




         ASSISTANT DEPUTY      ASSISTANT DEPUTY       DIRECTOR          REGIONAL          DIRECTOR GENERAL
       CHAIRPERSON CENTRAL   CHAIRPERSON CENTRAL      CENTRAL       DIRECTOR CENTRAL          CORPORATE
                                                                                             PLANNING AND
                                                                                               SERVICES



        ASSISTANT DEPUTY     COORDINATING MEMBER      DIRECTOR          REGIONAL          DIRECTOR GENERAL
      CHAIRPERSON EASTERN          EASTERN            EASTERN       DIRECTOR EASTERN          STRATEGIC
                                                                                          COMMUNICATIONS &
                                                                                            PARTNERSHIPS


        ASSISTANT DEPUTY       ASSISTANT DEPUTY       DIRECTOR      REGIONAL DIRECTOR      DIRECTOR GENERAL
      CHAIRPERSON WESTERN    CHAIRPERSON WESTERN      WESTERN            WESTERN          HUMAN RESOURCES &
                                                                                             PROFESSIONAL
                                                                                              DEVELOPMENT




74    IRB                                             2007-2008 PERFORMANCE REPORT
Chairperson
The Chairperson is the IRB's Chief Executive Officer, senior decision-maker and
spokesperson. Providing overall leadership and direction to the Board's three decision-
making divisions, the Chairperson is responsible for creating and promoting a vision of
the IRB that unifies all IRB personnel around the common purpose of making timely and
just decisions on immigration and refugee matters.

In addition to the broad responsibility of the management of Governor-in-Council
appointees, the Chairperson has a range of statutory powers at his disposal to provide
assistance to decision-makers in order to enhance the quality, consistency and efficiency
of decision-making. The Chairperson is accountable to Parliament and reports to it
through the Minister of Citizenship and Immigration.




Executive Director
The position of Executive Director has remained vacant pending the review of the roles
and responsibilities of senior managers at the IRB. Following the report’s
recommendations, the Executive Director’s work description will be reviewed during the
next reporting period in order to clarify its relationship with the Chairperson and the
division heads. The IRB plans on staffing the position following this revision.



Senior Management
Two Deputy Chairpersons (appointed by the Governor-in-Council) and one Director
General (appointed under the Public Service Employment Act) oversee the decision-
making in the three divisions. Four Directors General and a Senior General Counsel (all
appointed under the Public Service Employment Act) are responsible for the corporate
management and services functions, operations of the IRB and legal services.




IAD INNOVATION
In response to a growing inventory of immigration appeals, the IRB launched the IAD
Innovation initiative in late 2005, to comprehensively re-examine all the processes by
which IAD appeals are resolved. Following extensive internal and external consultations,
the Chairperson released the IAD Innovation Plan in March 2006. The IAD Innovation
Plan sought to transform the IAD into a more proactive and flexible tribunal that
maximizes the opportunities for parties to resolve appeals within the shortest possible time.


                                                         SECTION 4: OTHER ITEMS OF INTEREST     75
     The basic direction is to create a more proactive tribunal by introducing
            more information earlier from the parties
            more effective case management and triage (screening and streaming of cases)
            early informal resolution
            a more proactive hearing - more focused and efficient

     During the 2007-2008 reporting period, the IAD has continued to make changes in
     conformity with the principles and ideas generated through the IAD Innovation initiative.
     Public service emloyees at the Board assumed responsibility for the alternative dispute
     resolution (ADR) program, to free up more decision-makers for hearings. The
     adjudicative support for the IAD included a comprehensive triage process to effectively
     screen and stream all appeals. The IAD began to develop enhanced hearing readiness
     procedures to reduce postponements and adjournments and to facilitate more proactive
     hearings.

     Two pilot projects were completed and continued
            The CBSA agreeing to appear through written submissions (rather than in
            person) in residency obligation appeal hearings (Eastern and Central Regions)
            ID-IAD streamlining project – to facilitate the person concerned waiving the
            right to an oral admissibility hearing and entering into a joint recommendation
            for a stay of their removal order by the IAD (Central Region)

     We continued to develop adjudication strategies to deal with caseload and legal issues in
     a strategic and consistent manner. The focus was on proactive hearings, where the
     decision-maker is more involved in managing the hearing to ensure that it is focused on
     the key issues. Implementation included the development of training materials, several
     professional development sessions for decision-makers and discussion on best practices.




     INTEGRATION OF ADJUDICATIVE SUPPORT
     To respond more effectively to changes in its volume of work, the IRB has taken two
     important measures that have had the effect of transforming the way we carry out our
     mandate. The first has been to thoroughly review how the work is done. With respect to
     refugee claims, the Chairperson’s Action Plan produced significant results through a
     review of business processes. A similar exercise took place in the IAD, with the
     Innovation initiative. The second measure that the Board has taken has been to promote
     functional integration of the three divisions, subject to legal and practical constraints.
     This has entailed training some decision-makers to hear cases in more than one division.




76    IRB                                       2007-2008 PERFORMANCE REPORT
A major component of functional integration has been to expand the level of adjudicative
support to the decision-making process across all three divisions. The integration of
adjudicative support is aimed at improving quality and consistency through effective pre-
hearing preparation and resolution of cases, as well as enhancing efficiency by enabling
decision-makers to focus on their adjudicative functions with the assurance that they are
receiving the best available information to make their decisions. Finally, an integrated
approach to tribunal support is consistent with the core values of flexibility and
responsiveness to business needs that are key components of public service
modernization.

On April 1, 2007, a restructuring of public service adjudicative support ensured that the
three divisions were supported effectively. The existing community of Refugee
Protection Officers (RPOs), Operations Service Managers (OSMs), Quality Project
Officers (QPOs) and Regional Program Analysts (RPAs) were amalgamated to include
tribunal officers and the mandates for OSMs, QPOs and RPAs were expanded to serve all
three divisions. The tribunal officers received training in areas of immigration and
refugee law. In addition to accessing employment at a higher classification level, RPOs
saw career advancement possibilities expand with new competencies in hand. The Board
is benefiting from new efficiencies and flexibility when assigning adjudicative support
resources to various functions. The new structure places special emphasis on quality
control and enhanced management to assure that the highest quality support is provided
to the divisions, enhancing their productivity and the quality of their work.



Impact
The Board’s accomplishment of its mandate to make well-reasoned decisions on
immigration and refugee matters quickly, simply and fairly is facilitated by the
availability of high-calibre adjudicative support. The integration of adjudicative support
is contributing to the Board’s capacity to resolve as many matters as possible without a
hearing, to assure that all matters going to hearing are fully hearing-ready, and to assure
that all decisions produced are of the highest quality.

Tribunal officers have developed expertise in the IAD that has helped them to be more
creative in their approach to resolve more appeals. By the end of 2007-2008 all cases
streamed into the Alternative Dispute Resolution (ADR) mechanism were conducted by
trained tribunal officers. The national resolution rate at ADR for the last year is 48%.

In March 2008, only 52% of appeals in the IAD were resolved by a hearing. The
remainder of appeals were resolved through ADR or in chambers following receipt of
submissions from the parties in response to Early Resolution letters or Early Informal
Resolution letters or as the result of the case being declared abandoned or the appellant
withdrawing his or her appeal.


                                                        SECTION 4: OTHER ITEMS OF INTEREST    77
     INFORMATION AND CONTACTS
     Legislation Administered
     Immigration and Refugee Protection Act
     (S.C. 2001, c. 27, as amended)

     Immigration and Refugee Protection Regulations
     (SOR/2002-227, as amended)

     Refugee Protection Division Rules
     (SOR/2002-228)

     Immigration Division Rules
     (SOR/2002-229)

     Immigration Appeal Division Rules
     (SOR/2002-230)

     Oath or Solemn Affirmation of Office Rules
     (Immigration and Refugee Board of Canada)
     (SOR/2002-231)



     IRB Processes
     Visit these links to find out how the IRB processes its cases:

             Process for Making a Claim for Refugee Protection
             http://www.irb-cisr.gc.ca/en/references/procedures/processes/rpd/rpdp_e.htm

             Admissibility Hearing Process
             http://www.irb-cisr.gc.ca/en/references/procedures/processes/id/ahp_e.htm

             Detention Review Process
             http://www.irb-cisr.gc.ca/en/references/procedures/processes/id/drp_e.htm

             Sponsorship Appeal Process
             http://www.irb-cisr.gc.ca/en/references/procedures/processes/iad/sap_e.htm

             Removal Order Appeal Process
             http://www.irb-cisr.gc.ca/en/references/procedures/processes/iad/roap_e.htm

             Residency Obligation Appeal Process
             http://www.irb-cisr.gc.ca/en/references/procedures/processes/iad/resoap_e.htm



78    IRB                                        2007-2008 PERFORMANCE REPORT
Related Information
UNHCR Web site: http://www.unhcr.org/home.html




Contact Us
For more information, visit the IRB Web site at http://www.irb-cisr.gc.ca/ or contact the
IRB Communications Directorate at 613-947-0803 or one of the IRB offices listed below.

National Headquarters
Immigration and Refugee Board of Canada
Minto Place, Canada Building
344 Slater Street, 12th Floor
Ottawa, Ontario K1A 0K1
Tel: 613-995-6486        Fax: 613-943-1550

Regional Offices
Eastern Region
200 René Lévesque Boulevard West
Guy Favreau Complex
East Tower, Room 102
Montréal, Quebec H2Z 1X4
Tel: 514-283-7733     Fax: 514-283-0164

Central Region
74 Victoria Street, Suite 400
Toronto, Ontario M5C 3C7
Tel: 416-954-1000         Fax: 416-954-1165

Western Region
Library Square, Suite 1600
300 West Georgia Street
Vancouver, British Columbia V6B 6C9
Tel: 604-666-5946       Fax: 604-666-3043




                                                      SECTION 4: OTHER ITEMS OF INTEREST    79

				
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